Simplified Explanation of the Judgment
The Patna High Court, in its oral judgment dated 22 December 2022 delivered by Hon’ble Mr. Justice Madhuresh Prasad, dismissed two writ petitions that questioned the validity of the 67th Combined Preliminary Competitive Re-Examination conducted by the Bihar Public Service Commission (BPSC).
The case arose after candidates appeared for the BPSC Preliminary Examination held on 30 September 2022. Following the exam, the Commission issued a provisional answer key and invited objections until 12 October 2022. The petitioners, however, did not submit objections within this time. After considering objections received from other candidates, BPSC released a final answer key and declared results on 17 November 2022.
Subsequently, a few additional candidates were declared successful through an “additional result” on 26 November 2022 because of a discrepancy in one question’s English and Hindi versions. Those who had selected option “E” for that question were awarded one extra mark, leading to the inclusion of 15 more candidates.
The petitioners, who were unsuccessful in the preliminary examination, approached the Court seeking to quash the result, claiming that the final answer key contained incorrect answers to 10 questions in the D-series question booklet. They demanded a fresh evaluation of those answers by a new expert committee and a revision of results.
The BPSC and the State of Bihar opposed the petitions, arguing that the petitioners had not raised objections during the permitted time and thus could not later challenge the process after participating and failing. The Commission further submitted that it had followed due process, giving candidates a fair opportunity to object, and that the petitioners’ objections came only after results were declared.
The Court observed that five out of the twenty-one petitioners had filed objections after publication of results, which was beyond the prescribed period. It reiterated the well-settled principle that candidates who participate in a selection process and later fail cannot challenge the process merely because the result is unfavourable to them.
The Court emphasized that judicial interference in examination results is limited. Courts should not evaluate the correctness of answer keys unless there is a clear and demonstrable error, and only in rare or exceptional circumstances. Relying on the Supreme Court judgment in Ran Vijay Singh & Ors. vs. State of Uttar Pradesh & Ors. (2018) 2 SCC 357, the Court held that the answer key published by an examination authority must be presumed correct unless proven otherwise with authentic evidence.
Regarding the additional 15 candidates, the Court found no illegality. Clause 7(ii) of the BPSC advertisement stated that all candidates who secured marks equal to or above the cut-off would be declared successful. Therefore, even after the addition of new candidates, the cut-off remained unchanged, and no existing candidate was displaced.
In the connected case (CWJC No. 17806 of 2022), the petitioner had submitted objections within time but failed to support them with authentic materials or sources, as required by BPSC’s notice. The Court held that mere assertion or reliance on Google and reference books was insufficient. Objections had to be substantiated with reliable academic or official material. Hence, this petition also lacked merit.
Ultimately, the Court found no procedural or legal error in the BPSC’s handling of the examination or results. It ruled that the petitions were without merit and dismissed them accordingly.
Significance or Implication of the Judgment
This judgment reinforces the judicial approach that courts should not interfere with recruitment examinations unless there is compelling evidence of arbitrariness or illegality. It underscores that:
- Candidates must utilize prescribed opportunities to raise objections during the notified period; failing which, they lose the right to challenge the process later.
- The final answer key prepared by experts is presumed correct, and courts should avoid substituting their views for academic judgments.
- Participation in an examination implies acceptance of its rules, including procedures for objections and evaluation.
- Administrative fairness requires that recruitment processes remain stable and free from endless litigation over answer keys.
For the government and the BPSC, the decision validates their procedural transparency and strengthens their ability to conduct large-scale competitive examinations without judicial disruptions.
Legal Issues and the Court’s Decision
- Issue 1: Whether the petitioners could challenge the final answer key after failing to object within the given timeframe.
- Decision: No. Petitioners were estopped from challenging the process after participation and failure.
- Issue 2: Whether the Court could direct re-evaluation of answer sheets or re-examination of answer keys.
- Decision: No. Courts cannot re-evaluate answer keys unless there is clear proof of a material error or exceptional circumstances (Ran Vijay Singh case applied).
- Issue 3: Whether addition of 15 candidates in the supplementary result was valid.
- Decision: Yes. It was based on an objective correction of a translation error and applied uniformly without displacing others.
- Issue 4: Whether the petitioner in the second case, who submitted objections, was entitled to relief.
- Decision: No. His objections were baseless as they lacked authentic sources or materials as required by the BPSC’s notice.
Judgments Referred by Parties
- Ran Vijay Singh & Ors. vs. State of Uttar Pradesh & Ors. (2018) 2 SCC 357
- Rishal & Ors. vs. Rajasthan Public Service Commission & Ors. (2018) 8 SCC 81
- Prakash Chandra vs. State of Bihar 2019 (3) PLJR 983
- Anupal Singh & Ors. vs. State of Uttar Pradesh & Ors. (2020) 2 SCC 173
Judgments Relied Upon or Cited by Court
- Ran Vijay Singh & Ors. vs. State of Uttar Pradesh & Ors. (2018) 2 SCC 357
- Uttar Pradesh Public Service Commission vs. Rahul Singh (2018) 7 SCC 254
- Vinod Kumar & Ors. vs. State of Bihar (2022) 3 PLJR 383
- Bihar Public Service Commission vs. Ashish Kumar Pathak & Ors. (2021) 1 BLJ 673 (PHC)
- Ravindra Kumar Singh vs. High Court of Judicature at Patna (2016) 1 PLJR 865
Case Title
Multiple Petitioners vs. State of Bihar & Others
Case Number
Civil Writ Jurisdiction Case No. 17803 of 2022
With Civil Writ Jurisdiction Case No. 17806 of 2022
Citation(s)
2023 (1) PLJR 483
Coram and Names of Judges
Hon’ble Mr. Justice Madhuresh Prasad
Names of Advocates and Representation
- For Petitioners (CWJC 17803/2022):
Mr. Y. V. Giri, Senior Advocate with Ms. Shrishti Singh, Mr. Pranav Kumar, and Mr. Sumit Kumar - For the State:
Mr. Suman Kumar Jha, AC to AAG-3 - For BPSC:
Mr. Sanjay Pandey and Mr. Nishant Kumar Jha - For Petitioner (CWJC 17806/2022):
Mr. Suresh Kumar Ishwar
Link to Judgment
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