LAWS(PAT)-2009-7-98

ARVIND KUMAR SON OF RAMPADARATH SINGH Vs. STATE OF BIHAR THROUGH ITS CHIEF SECRETARY, GOVERNMENT OF BIHAR, OLD SECRETARIAT, PATNA

Decided On July 07, 2009
Arvind Kumar Son Of Rampadarath Singh Appellant
V/S
State Of Bihar Through Its Chief Secretary, Government Of Bihar, Old Secretariat, Patna Respondents

JUDGEMENT

(1.) HEARD the parties.

(2.) THE order under appeal in these appeals are very short. The writ court has dismissed the writ petitions from which these appeals arise by holding that the petitioners/appellants lack bona fide and they have filed these cases after final adjudication by this Court regarding the correctness and legality of the appointment process in relation to recruitment to the post of Sub -Inspectors by a judgment and order by this Court dated 25.11.2008 in the case of Jay Shanker Prasad & Ors. vs. The State of Bihar & Ors. alongwith analogous cases reported in 2008(4) PLJR 825, only because after the adjudication when the fresh results were published, these petitioners again remained unsuccessful. On behalf of appellants it has been submitted before us that the model answers which were found defective and revised by experts as per decision of the Bihar Staff Selection Commission (hereinafter referred to as the Commission) did not take care of all wrong answers in the model answers. According to appellants some model answers still remained defective and therefore fresh team of experts should be appointed by this Court to revise the model answers so that the marks allotted to candidates leading to revised results already published may further be revised.

(3.) LEARNED counsel for the appellants have tried to explain as to why the writ petitioners/appellants did not interfere or intervene in the earlier writ petitions which were decided by judgment and order dated 25.11.2008 which has attained finality, by claiming that model answers were called for by this Court in those cases but were kept in sealed cover and were inspected only by some of the counsel under the permission to the Court and hence the writ petitioners/appellants were not in a position to know the contents of the model answers so as to challenge any error therein. Their stand is that subsequently the model answers were obtained by them through Right to Information Act and only thereafter they could scrutinize and find out defect or errors in some more answers.