The Patna High Court imposed a cost of Rs. 50,000/- (fifty thousand) on the Petitioner and dismissed a Public Interest Litigation (PIL) seeking direction to cancel the entire preliminary examination of 3rd Graduate Level Combined Competitive Examination-2022.
The dispute arises with regard to the above examination conducted for recruitment to various posts numbering 2187 in six different services carried out by the Bihar Staff Selection Commission.
The recruitment commenced with an advertisement dated 06.04.2022. The preliminary examinations were held on 23rd and 24th December, 2022 and the prayer is to cancel the entire preliminary examination so as to conduct a fresh one; alleging malpractices in the examination, specifically of leakage of question papers.
The Division Bench of Chief Justice K. Vinod Chandran and Justice Partha Sarthy specifically noted that even in the wake of widespread allegations of malpractices and irregularities as also allegation of collusion of both the recruiting agency and the recruiting body, there was no cancellation of the entire examination and only re-test of the successful candidates was upheld by the Supreme Court.
In the instant case, there is alleged a solitary uploading of question paper, at the last moment, without any possibility of a malpractice having occurred .
In the present case, there are two instances which have led to the allegations in two separate sessions, the first of such allegations was found to be one which could have systemic consequences upon which the examination was cancelled.
However, on the third session, it was found to be a wrong doing which could have had no consequences touching upon the sanctity or legitimacy of the examination, since there could have been no misdeeds on the basis of the uploading of the question paper, just a minute before the conclusion of the session, the Bench further noted.
A mere allegation cannot lead to cancellation of an examination unless it raises a reasonable doubt in the mind of the authority as to the possibility of the allegation being true and established. The Bench noted the principle as stated in Chairman, All India Railway Recruitment Board (supra).
The Court found that the petitioner in the Public Interest Litigation has absolutely no cause of action since she is not a candidate in the examination. Her averments in the petition are that, she is a social activist, has neither personal interest nor personal gain nor private motive or oblique reason in filing the writ petition.
But for this there is nothing stated as to any request made by candidates in the examination or even her righteousness having been awakened by the agitation resulting in police action; which was stated before the Court, by the counsel, on a specific query put by us, to him.
The petitioner also averred that she knew from the news and media that the the Chairman, had visited the examination center at Motihari and inspected it and the officials of the Economic Offences Unit also carried out an inspection; which is quite natural in the wake of the allegations regarding the malpractice occurred in the examination. In fact, the petitions filed by the individual candidates were kept pending only because of the Public Interest Litigation. The Court sought for instructions from the party, through the learned counsel, as to whether she would like to pursue the matter, especially since the question is alive before the Single Judge having roster, who could consider it. The petitioner, however, adamantly pushed for her Public Interest Litigation to be considered.
“We found that the allegations are not sustainable and in the totality of the circumstances, we find that the petitioner was not agitating a Public Interest and was merely agitating a ‘publicity interest’; ‘being an officious intervener, wayfarer and busy body’. We hence dismiss the writ petitions on the reasoning stated above and the Public Interest Litigation, also on the ground of abuse of process of Court with cost of Rs. 50,000/- (fifty thousand) imposed on the petitioner in the Public Interest Litigation, payable to the Bihar State Legal Services Authority, which shall be recovered by the Authority resorting to procedure for recovery of arrears due on land revenue”, the order reads.
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