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Patna High Court
Prabhash Kumar vs The State Of Bihar on 17 April, 2025
Author: Satyavrat Verma
Bench: Satyavrat Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7615 of 2024
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Prabhash Kumar Son of Ram Sagar Paswan Resident of Village Kulharia, P.S.
Babubahri, District Madhubani, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Principal Secretary, General Administration
Department, Government of Bihar, Patna.
2. The Principal Secretary, General Administration Department, Government
of Bihar, Patna.
3. The Secretary, General Administration Department, Government of Bihar,
Patna.
4. The Bihar Public Service Commission through its Chairman, 15 Jawahar Lal
Nehru Marg, Bailey Road, Patna 800001.
5. The Controller of Examination, Bihar Public Service Commission through
its Chairman, 15 Jawahar Lal Nehru Marg, Bailey Road, Patna 800001.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Avinash Shekhar, Adv
Ms. Simran Kumar, Adv
For the Respondent/s : AC to GP-2
Mr. Sanjay Pandey, Advocate
Mr. Nishant Kumar Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL JUDGMENT
Date : 17-04-2025
1. Heard learned counsel for the petitioner, learned
AC to GP-2 and the learned counsel appearing on behalf of the
BPSC, Shri Sanjay Pandey.
2. Learned counsel appearing on behalf of the
petitioner submits that the instant writ application has been filed
for quashing the notice dated 29-12-2023 (Annexure-7) issued
by the Respondent No. 5, whereby the petitioner has been
permanently debarred from appearing in any examination on the
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alleged ground of being involved in impersonation during the
Teacher Competitive Examination conducted on 8-12-2023 in
pursuance of an Advertisement No. 27 of 2023. Further to quash
the Memo No. 5154 dated 14-3-2024 issued by the Respondent
No. 5 (Annexure-9), whereby the list of candidates (including
the petitioner), who have been debarred on alleged ground of
being involved in impersonation during the Teacher Competitive
Examination conducted in pursuance of Advertisement No. 27
of 2023 has been communicated to various public service
commissions across the country, further to direct the Bihar
Public Service Commission (hereinafter referred to as "BPSC")
to remove the notice dated 29-12-2023 from its official website
and also to publish a necessary correction notice insofar as
petitioner is concerned apart from other ancillary reliefs.
3. The learned counsel appearing on behalf of the
petitioner submits that the BPSC issued Advertisement No. 27
of 2023 dated 4-11-2023 (Annexure-2) for recruitment of 69706
teachers under the Education Department and 916 teachers
under the backward class and extremely backward class under
the Welfare Department, Government of Bihar. The petitioner
being eligible in terms of the advertisement registered with the
portal of BPSC with Registration No. 202327361685 and filled
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up the form for participating in the selection process under both
the schools as Mathematics teacher on 12-11-2023 (Annexure-
3). The date of examination was notified by the BPSC on 8-12-
2023 and the petitioner was issued admit card bearing Roll No.
528914 (Annexure 4). The petitioner was allotted Examination
Center Code No. DAR2118, Raj High School, Darbhanga. The
petitioner on 8-12-2023 reached the center where his biometric
and photographs were taken and thus was permitted to
participate in the examination. The petitioner was given OMR
Sheet No. 4094884 (Annexure 5), as would manifest from the
OMR sheet downloaded from the website of the BPSC. It is
next submitted that the result was published on 27-11-2023 and
the petitioner secured 40 marks, thus was not selected for the
post of Mathematics teacher, as would manifest from print out
obtained from the website of the BPSC (Annexure-6).
4. The learned counsel for the petitioner next submits
that petitioner on 29-12-2023 was shocked to know from social
media website that 49 candidates have been debarred on
grounds of indulging in impersonation in the examination,
accordingly the petitioner visited the website of the BPSC and
saw that Respondent No. 5 has issued notice dated 29-12-2023,
whereby petitioner was permanently debarred from appearing in
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any examination on the grounds that he indulged in
impersonation in the examination conducted on 8-12-2023.
5. The learned counsel appearing on behalf of the
petitioner submits that notice dated 29-12-2023 was penal in
nature and was issued behind the back of the petitioner, without
giving him any opportunity to explain his side of the case, i.e.,
the notice dated 29-12-2023 was issued in complete breach of
the principles of natural justice, moreso when the same entailed
penal/civil consequences.
6. It is submitted that the petitioner on 4-1-2024
submitted a representation dated 4-1-2024 (Annexure-8 series)
before the Respondent No. 5 via post and e-mail stating therein
that the biometrics and photographs of the petitioner were taken
at the examination centre and he had not indulged in any
malpractice, but the petitioner did not receive any reply, rather
was served with Memo No. 5154 dated 14-3-2024 (Annexure-
9), whereby list of candidates, including the petitioner, who
were debarred on grounds of being involved in impersonation
during the Teacher Competitive Examination conducted in
pursuance of Advertisement No. 27 of 2023, was communicated
to various public service commissions across the country. It is
next submitted that the petitioner himself had participated in the
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examination and the said fact gets supported from the signature
of the petitioner on the application form, admit card and OMR
sheet, which are the same, thus petitioner was allowed to
participate in the examination without any objection.
7. It is also submitted that from perusal of the notice
dated 29-12-2023 (Annexure-7), it would manifest that the same
does not even remotely suggest that before issuing the said
notice dated 29-12-2023, the petitioner was given an
opportunity of being heard or any explanation was sought from
him with regard to the allegation based on which he was
debarred from participating in any examination. Similarly the
Memo dated 14-3-2024 (Annexure-9) also does not even
remotely suggest that the BPSC before communicating the name
of the candidates, who were debarred from participating in any
examination in the future, including the petitioner, to different
service commissions across the country, any opportunity was
given to the petitioner to explain his side of the case.
8. The learned counsel for the petitioner thus submits
that the action of the BPSC in debarring the petitioner from
appearing in any examination in future entails a very severe
penal consequences, as it has the effect of jeopardizing the
entire career of the petitioner. It is next submitted that the BPSC
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is a constitutional body and being a constitutional body, the
manner in which the authorities of the BPSC have acted amply
demonstrates that they do not even have the basic knowledge of
the law that whenever any action is taken to the prejudice of
someone, the minimum requirement is of issuing a show-cause
seeking explanation, but then the notice dated 29-12-2023
(Annexure-7) and memo dated 14-3-2024 (Annexure-9) speak
for themselves that the same were issued behind the back of the
petitioner.
9. It is also submitted that it is not the case of the
BPSC that any student at the examination center was caught
sitting in the examination in place of the petitioner. It is further
submitted that the petitioner did not qualify in the examination
as he secured only 40 marks, as such, it cannot be construed that
petitioner derived any benefit out of the examination.
10. The learned counsel appearing on behalf of the
petitioner next submits that today he has received a counter-
affidavit filed on behalf of the BPSC sworn by the Deputy
Secretary, BPSC. It is further submitted that the counter-
affidavit does not even remotely suggest that before issuing the
notice dated 29-12-2023 (Annexure-7) and the memo dated 14-
3-2024 (Annexure-9), any opportunity of hearing was given to
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the petitioner to explain his side of the case.
11. Learned counsel for the petitioner next submits that
from perusal of para-11 of the counter-affidavit filed on behalf
of the BPSC, it would manifest that the same records - that it is
relevant to state herein that it has clearly been mentioned in the
admit card in clause (8) under the heading 'instruction' that all
the candidates have to undergo for biometric and facial
recognition under the said examination. The candidate will
come out of the examination hall only after completion of the
said process otherwise the decision of the Commission
cancelling their candidature will be final. Clause (7) of the
admit card under heading 'instruction' states that if any
candidate is found to be involved in any kind of malpractice
then action will be taken under Bihar Conduct of Examination
Act 1981 and the candidate may also be debarred from
appearing in the Bihar Public Service Commission Examination.
12. The learned counsel for the petitioner submits that
it absolutely does not stand to reason that if what has been
pleaded at para-11 of the counter affidavit is true then whether
the procedure prescribed for taking action in terms of the Bihar
Conduct of Examination Act 1981 was resorted to by the BPSC
or not while issuing the aforesaid notice and memo, which are
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impugned in the instant writ application, on which the learned
counsel appearing on behalf of the BPSC is not in a position to
reply the said submission of the learned counsel appearing on
behalf of the petitioner.
13. The learned counsel appearing on behalf of the
petitioner further submits that the notice and the memo
impugned in the instant writ application, were not issued in
terms of Bihar Conduct of Examination Act 1981, further
Clause (7) of the admit card recorded that any candidate found
indulging in any kind of malpractice would be debarred from
appearing in examination conducted by the Bihar Public Service
Commission, but then what authority the Commission had to
issue the memo dated 14-3-2024 (Annexure-9) communicating
to all the Commissions across the country, informing that the
candidates including the petitioner have been debarred from
appearing in any examination based on the allegation that they
were involved in impersonation, which amply demonstrates that
the BPSC was acting in a vindictive manner.
14. At this stage, the learned counsel appearing on
behalf of the BPSC placing reliance on paragraph-10 of the
counter affidavit submits that it has been specifically pleaded
that the examination center of the petitioner was at Raj High
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School, Darbhanga, it has been informed to the Commission by
the agency that the petitioner left the center before the biometric
and photography.
15. The said submission of the learned counsel
appearing on behalf of the BPSC is vehemently rebutted by the
learned counsel appearing on behalf of the petitioner and
submits that even presuming what has been pleaded at
paragraph-10 is correct without admitting, then whether the
BPSC merely based on an information provided by an agency,
could have issued the aforesaid notice and the memo, which are
impugned in the instant writ application, or the BPSC ought to
have sought an explanation from the petitioner with regard to
the allegations alleged by the agency, if any, as neither the name
of the agency nor the name of the person, who informed the
BPSC that petitioner left the examination center without his
biometric and photography, has been disclosed in the counter
affidavit.
16. The learned counsel for the petitioner placing
reliance on Annexure-P/4 to the writ application submits that the
same is the admit card of the petitioner and from perusal of the
same, it would manifest that beside the QR code there is a
hologram pasted on the admit card and the said hologram is
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pasted only after the photograph of a candidate is taken before
permitting him to appear in the examination, as such, the
contention of the BPSC in its counter-affidavit that photograph
of the petitioner was not taken and petitioner left the
examination center without having his biometric and
photograph taken, is nothing but a cover up to cover the
misdeeds of the authorities of the BPSC.
17. The learned counsel for the petitioner further raises
a very pertinent question and submits that if what is being
contended by the BPSC is correct that petitioner without giving
his photographs and biometrics left the examination center and
the same came to the knowledge of the agency, then why the
candidature of the petitioner was not rejected/cancelled then and
there, why his result was published, which amply demonstrates
the falsity of the allegation based on which the instant notice
and memo impugned have been issued.
18. After hearing the learned counsel for the parties,
the Court is in complete agreement with the submissions made
by the learned counsel appearing on behalf of the petitioner that
the impugned notice and the memo have been issued in
complete breach of the principles of natural justice, as the
petitioner was not given any opportunity to explain his side of
Patna High Court CWJC No.7615 of 2024 dt.17-04-2025
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the case when the impugned notice and memo are having severe
penal consequences as the petitioner has been debarred from
appearing in any future examinations and the said debarment
has been communicated to various Commissions across the
country, which is adversely affecting the petitioner as he is not
in a position to appear in any of the examinations conducted by
any of the Commissions across the country. The Court is
completely dissatisfied with the plea of the Commission taken
in the counter-affidavit and completely fails to appreciate the
stand of the BPSC that merely based on an information by an
agency, the aforesaid notice and the memo were issued behind
the back of the petitioner.
19. Having regard to the facts and circumstances of the
case, the notice dated 29-12-2023 (Annexure-7) issued by the
Respondent No. 5 and and the Memo No. 5154 dated 14-3-2024
(Annexure-9) issued by the Respondent No. 5, are hereby
quashed.
20. It is made clear that the aforesaid notice and the
memo have been quashed only with respect to the petitioner. It
goes without saying that in view of the fact that the notice dated
29-12-2023
(Annexure-7) and the Memo dated 14-3-2024
(Annexure-9) have been quashed as such the BPSC will
Patna High Court CWJC No.7615 of 2024 dt.17-04-2025
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immediately remove the notice dated 29-12-2023 from its
website with respect to the petitioner, further the BPSC shall
also communicate the same to different Commissions across the
country to which the aforesaid notice and memo have been sent.
(Satyavrat Verma, J)
SUMIT/-
AFR/NAFR AFR CAV DATE Uploading Date 17-4-2025 Transmission Date
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