RAJESH KUMAR JAISWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, learned Advocate General on behalf of the Commission and learned counsel for the State.

(2.) THE petitioner, who was a candidate for 47th combined preliminary examination conducted by the Bihar Public Service Commission, came to this Court earlier in CWJC No. 2404 of 2007. This Court on 16.4.2007 declined interference noticing the challenge that the number of vacancies for backward class community was far less than required by law. That the petitioner has right to move under the Right to Information Act was an issue between him and the statutory authorities under the Right to Information Act. He thereafter came in Civil Review No. 157 of 2007 making out a new case that the cut off marks for backward class candidates and general category candidates were same. The Review Court declined interference. However, liberty was given for filing a fresh writ application. Learned counsel for the petitioner submits that liberty was given for filing a fresh writ petition in Civil Review No. 157 of 2007 and that CWJC No. 5802 of 2007 on a similar issue was pending consideration. He, thus, submits that the present writ application may be heard alongwith CWJC No. 5802 of 2007.

(3.) LEARNED Advocate General appearing for the Commission urges that the writ application is barred by constructive res judicata. The petitioner has not alleged any new ground which may have surfaced after the disposal of CWJC NO. 2404 of 2007. If he was not vigilant, this Court may not grant him indulgence of filing fresh writ application every time he discovers new information, which is on the basis of the old materials.