KAUSHAL KUMAR Vs. B P S C

JUDGEMENT

(1.) THESE two writ petitions have been filed for an appropriate writ/direction quashing the notification published in the daily newspaper Hindustan, dated 8.9.1999, contained in Annexure -2, whereby 9.10.1999 was a date fixed by the Bihar Public Service Commission (hereinafter to be referred to as "BPSC") for holding a preliminary test for the 25th Bihar Judicial Service Competitive Examination and thereafter direct the respondents to proceed with the selection process, after due consultation with the High Court, on the basis of a written test strictly in accordance with the procedure prescribed under the Bihar Judicial Service Recruitment Rules, 1955 (in short "the Rules"), as amended by the notification of the State Government, dated 22nd July, 1988.

(2.) IN the facts and circumstances of these cases, question relevant for consideration is whether the BPSC can adopt its own procedure for holding a preliminary test or it can be done only in accordance with the procedures prescribed under the relevant "Rules" and whether such a test can be held justified without even adhering to the provisions prescribed under rule 18 of the Rules as substituted by the notification dated 22nd July, 1988.

(3.) UNDISPUTEDLY , as would appear from rule 5 of the Rules, which has a material bearing on the subject, if the number of candidates of a particular examination exceeds the limit fixed, the Commission may by preliminary selection, shortlist the candidates after examining their "academic records". No other mode for holding any written test or interview at the stage of preliminary test has been prescribed.