SURAJ BHUSHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two appeals question the correctness of the judgment dated 31st October, 2018 in C.W.J.C. No. 17302 of 2018 where a challenge had been raised to the results of the main examinations conducted by the Bihar Police Subordinate Service Commission for the post of Police Sub Inspectors for which there were 1717 vacancies available. The Advertisement No. 01 of 2017 dated 16.09.2017 invited applications from the eligible candidates. An approximate amount of 4,28,200 candidates applied against the said advertisement and after the preliminary written test, about 29,359 candidates qualified for appearing in the main written examinations, out of whom about 10161 candidates qualified for appearing in the Physical Evaluation Test (PET). It is at this stage of the declaration of results of the final written examination that the writ petition giving rise to these appeals was filed alleging irregularities in the examination, contending that results have not been published category-wise nor the minimum cut off marks in the respective categories have been mentioned. The reservation for women has not been correctly applied and there is a serious discrepancy in the figures relating to the women candidates, as is evident from the results declared by the Commission.

(2.) The learned Single Judge found favour with the arguments advanced on behalf of the respondent-petitioners and held that in order to ensure a fair procedure in the examination, the question papers and model answers should be uploaded for the purpose of giving an opportunity to the candidates to raise objections. Issues were also raised with regard to the preliminary test as well and about the non-supply of the copies of the OMR sheets, as such, the examinations were vitiated. The learned Single Judge then formulated the questions to be answered in Paragraph 24 of the impugned judgment.

(3.) On the issue of reservation being provided to females in the respective categories, the learned Single Judge in Paragraph 27 proceeded to observe as follows:-