Patna High Court rejected stay on BPSC recruitment process but directed preservation of "CCTV footage of the examination centres"

The hearing in the matter of the Bihar Public Service Commission (BPSC)'s advertisement on September 23, 2024 for the conduct of 70th Combined (Preliminary) Competitive Examination and preliminary examination conducted by the BPSC on December 13, 2024 has been postponed. It was listed for hearing on March 7, 2025 before the Division Bench of Acting Chief Justice Ashutosh Kumar and Justice Partha Sarthy but it will most likely be listed for hearing on March 18, 2025. 

In Anand Legal Aid Forum Trust, through its Trustee, namely, Amit Kumar vs. Bihar Public Service Commission through Chairman, Patna & Others, on February 14, 2025, the Division Bench had passed an order. The order reads:"Needless to instruct the BPSC to preserve the CCTV footage of the examination centres, as demanded by the petitioner, as such footage are always preserved." On February 28, 2025, the Division Bench passed an order saying, "The prayer of the petitioner for staying the recruitment process is but rejected." 

Prior to this Justice Arvind Kumar Chandel, while hearing these cases, had directed the State of Bihar and BPSC to clear the situation by filing an affidavit by January 30,2025. The court had clarified that the result of the examination taken by the Commission would depend on the final decision of the petition.

In his last order dated March 4, 2025, Justice Chandel recorded that the counsel of BPSC, the respondent submitted that an interlocutory application has been filed by them today itself wherein it has been prayed by them that this batch of petitions may be heard along with the writ petition bearing CWJC No 752 of 2025 which is being heard by a Division Bench of the High Court. It wad submitted by the Senior Counsel for the BPSC as well as the Advocate General for the State that the petition being CWJC No 752 of 2025 (Anand Legal Aid Forum Trust, through its Trustee, namely, Amit Kumar vs. Bihar Public Service Commission through Chairman, Patna & Others) is pending before the Division Bench of the Court. They further submitted that the issues in this batch of petitions and the petition bearing CWJC No. 752 of 2025 are common. 

In both set of writ petitions, the main prayer is for cancellation of preliminary examination and holding a fresh examination for the entire State. The ground for seeking such relief is also common, i e, the question paper has been leaked. This fact has also been admitted by the Senior Counsel for the petitioners in this batch of petitions.

Justice Chandel's March 4, 2025 order reads: "Since, in the present batch of writ petitions and the writ petition which is being heard by the Hon’ble Division Bench, i e, CWJC No 752 of 2025, the issues are common and the ground for seeking such relief also is common, therefore, Registry is directed to list this batch of petitions along with writ petition bearing CWJC No 752 of 2025 pending before the Hon’ble Division Bench of this Court after getting necessary approval from Hon’ble the Acting Chief Justice on 07.03.2025 as CWJC No 752 of 2025 is already listed before the Division Bench on that date."

In the Anand Legal Aid Forum Trust vs. BPSC & Ors., the other respondents are Union of India, CBI, Government of Bihar through Chief Secretary, Patna.  Home Department through Principal Secretary, Patna and Director General of Police. 

Also read: BPSC result is subject to final outcome of aggrieved job seeker students case in Patna High Court