Chief Justice Miss Rekha Manharlal Doshit
Patna, Jan, 7: It seems that the legal web is not going to end soon for the aspirants of 53-55th Civil services examination conducted by BPSC as the applicants moved ahead with their LPA to the division bench of Patna High court that include Hon’ble Chief Justice Miss Rekha Manharlal Doshit and Justice B P Verma against the verdict given by Justice A K Tripathi on Wednesday.
The matter will be placed for hearing in front of division bench on Monday-Jan-9.Senior advocate Manan Kumar Mishra will represent the case with the prayer that nine marks will be added in the marks of unsuccessful student and cut off will remain same as it is and then additional result will be declared.
Earlier single bench of Patna high Court headed by Justice Tripathi has directed the BPSC in his verdict that a fairer approach to the whole problem would be by permitting BPSC to carry out a fresh evaluation of all the answer sheets of the PT on the basis of their stand emerging from the opinion of the second expert group it will amount to a fair evaluation of all the candidates without giving any unfair advantage to either successful candidates or the unsuccessful ones because they will all be tested on a common platform.
In fact this is one of the reasons why this Court is not accepted the submission of some of the counsels that as many marks should be added to all the candidates treating them as correct answers to the incorrect questions. In the minds of court such an approach will make no difference to the final standing of the successful candidates whose results have been declared.
Justice Tripathi comes to a conclusion that the BPSC should now re-declare the result of the preliminary examination after a fresh evaluation on the basis of the recommendations of the second expert committee and that should form the basis for conduct of the mains examination which is yet to follow.
It is made clear that none of the successful candidates earlier declared successful on the basis of declaration of the result would be ousted from the list of such candidates who will be entitled to sit for the mains examination. If the exercise brings in more candidates within the zone of successful candidates by being permitted to sit for the mains examination, so be it, but the exercise shall not be done to the detriment of any of the successful candidates.
Court has also considered earlier judgment of various cases across the country in this context while pronouncing the verdict.
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