The court disposed of a writ petition seeking direction for promotion and quashing of an examination. It upheld the annulment due to unfair means and directed a fresh examination with safeguards.
Direction to notify a fresh date for examination and ensure adequate safeguards; original decision to annul exam upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16049 of 2015
.... .... Petitioner/s Versus
.... .... Respondent/s =========================================================== Appearance : For the Petitioner/s : Mr. Dhananjay Kumar Tiwary For the State : Mr. SC12-P.K.Singh For Respondent 3 & 4 : Mr Bindhyachal Singh
=========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 18-01-2016
Petitioners want a direction upon the respondents to grant them promotion on a class III post on the basis of examination
so held. They also want quashing of Annexure- 1, dated 2.7.2014.
There has to be fairness in conduct of any examination even if it is meant for grant of promotion. The authorities after
Patna High Court CWJC No.16049 of 2015 dt.18-01-2016
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checking and cross-checking the materials which was before them which compelled them to come to a considered decision that unfair means have been used by the candidates in the examination so conducted. They have done no wrong by annulling the written examination.
The writ application, however, is disposed of with a direction upon the respondents that a fresh date will be notified and effort should be made to ensure that the examinations are conducted afresh and adequate safeguards are put in place so that the same kind of conduct does not lead the same kind of result. Let such an exercise be done in accordance with the prevalent rules.
(Ajay Kumar Tripathi, J)
U
2 issues framed by the court
Whether the annulment of an examination due to unfair means by candidates was correct.
Whether a direction to conduct a fresh examination with adequate safeguards was appropriate.
Purusotam Kumar and others
The State of Bihar through the Principal Secretary, Department of Finance, Government of Bihar, Patna
The High Court of Judicature through its Registrar General, Patna, Bihar
The District Judge, Civil Court, Saran at Chapra
The Judge Incharge, Civil Court, Saran at Chapra
Ajay Kumar Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
