Justice Ashutosh Kumar 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

PIL in Supreme Court challenges appointment of chairman, Bihar Public Service Commission (BPSC)

In a significant development, a PIL in the Supreme Court was filed by Advocate Brajesh Singh on January 21, 2025 challenging the appointment of Parmar Ravi Manubhai as chairman, Bihar Public Service Commission (BPSC). Parmar is an accused in the alleged corruption case registered by Bihar's vigilance bureau. The matter is pending before a special judge in Patna. The petitioner alleged that Parmar did not fulfil the basic eligibility criteria for being appointed to the constitutional post of chairperson as he was not a person with an impeccable character. The Times of India has reported about it and the Bihar Mahadalit Vikas Mission scam.  

Bihar's vigilance investigation bureau had submitted the chargesheet on April 26, 2019 against a serving, two retired IAS officers and five others for alleged involvement in Bihar Mahadalit Vikas Mission scam in which crores funds meant for upliftment of Mahadalit youth were embezzled. The accused against whom chargesheet was submitted before special vigilance court included S.M. Raju, Ramashish Paswan, Prabhat Kumar, Saurav Basu, Umesh Manjhi, Jaideep Kar and Debjani Kar. Two of the six firms involved in the Mission were Indus Integrated Information Management (IIIM) and  Sriram New Horizon (SNH). Funds allocated under state government’s Dashrath Manjhi Skill Development Scheme and special assistance from Union government.  Mission had come into force in 2010. The scam continued till 2016. FIR was lodged against chargesheeted persons along with IAS officer Parmar Ravi Manubhai and Sharad Kumar Jha on October 23, 2017. Public prosecutor (in-charge) Vijay Sinha, assisted by counsel Anandi Singh had submitted that funds were released the two private firms even without conducting courses or examinations. Union government’s sanction against these bureaucrats has been pending. The chargesheet was filed within a week of Patna High Court’s anger against K.P. Ramaiah over his continuous evading of arrest after rejection of his in 2018. Justice Rakesh Kumar had taken suo motu cognisance of the bail granted to former bureaucrat K.P. Ramaiah in a corruption case. 

In his 20-page order on August 28, 2019, Justice Kumar had asked for a Central Bureau of Investigation (CBI) to inquire into the matter. Justice Kumar himself had denied the officer anticipatory bail in 2018. On August 29, 2029, the Patna High Court had withdrawn all judicial work from Justice Kumar and an 11-judge bench of the High Court comprising of the then Chief Justice A.P. Sahi and Justices Anjana Mishra and Anil Kumar Upadhyay had stayed his order but he was reassigned the cases from September 2, 2019. In his August 28, 2019 order, Justice Kumar had asked as to how the former bureaucrat was granted bail by a lower court when the Supreme Court as well as the High Court had rejected his plea for anticipatory bail because of the seriousness of the allegations. Ramaiah is accused of embezzling over Rs 5 crore during his tenure as the Bihar Mahadalit Vikas Mission chairperson.  

(Both the Chief Justice Sahi and Justice Kumar were transferred from the Patna High Court. Justice Kumar was transferred to Andhra Pradesh High Court as judge on November 8, 2019 and he retired on December 31, 2020. Justice Sahi was transferred to the Madras High Court in November 10, 2019 from where he demitted office on December 31, 2020. He assumed the charge of President, National Consumer Disputes Redressal Commission on August 2, 2023. He will retire on August 1, 2027. Justice Kumar joined National Company Law Appellate Tribunal on May 17, 2022 as Member (Judicial), the National Company Law Appellate Tribunal (NCLAT). Justice Kumar resigned from the NCLAT on October 29, 2023 after the Supreme Court issued a contempt notice against him for passing a judgment that went against the Supreme Court's interim order.)

The fate of the Bihar Mahadalit Vikas Mission scam case in the High Court merits scrutiny as well.

(Significantly, in one of the last judgments as Chief Justice of Patna High Court, Request Case No. 104/2023 in Karnataka State Electronics Development Corporation Ltd. vs. The State of Bihar through the Chief Secretary, Bihar (2025), Chief Justice Chandran as the Single Judge Bench passed a judgement on January 10, 2025 which reads: "Hon’ble Mr. Justice Rakesh Kumar, a former Judge of this Court, is appointed as learned Arbitrator to adjudicate all disputes arising out of agreement entered into between the parties to the lis....")

Bihar government had appointed Parmar as chairman, BPSC on March 16, 2024. General Administration Department (GAD) of the Bihar government had issued a notification in this regard. He was due to retire in November 2024. Prior to this he was posted as Additional Chief Secretary, Mines and Geology Department, Bihar government. After the tenure of BPSC chairman Atul Prasad ended on February 12, 2024 the General Administration department had given the charge of chairman of BPSC to Imtiaz Ahmed Karimi, a member of the BPSC.

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

In Pappu Kumar vs. The State of Bihar (2025), the petitioners submitted that the Bihar Public Service Commission (BPSC) published an advertisement on September 23, 2024 for the conduct of 70th Combined (Preliminary) Competitive Examination. The petitioners are were the candidates for the preliminary examination conducted by the BPSC on December 13, 2024. It was submitted that examination was conducted in approximately 912 centers across the State of Bihar. At Bapu Pariksha Parisar, Patna, approximately 12,000 candidates were present. It was found that the question the paper had been leaked and several candidates were not given the question papers and the questions papers were also circulated on social media X on December 13, 2024 at about 1.6 pm. 

The petitioners have submitted that it is clear that the question papers were leaked. The irregularities are not only confined to the Bapu Pariksha Parisar but also incurred at about 28 different examination centers which was reported by the candidates who appeared on those examination centers. It was also submitted that just one day prior to the examination, the BPSC changed the center of candidates which also indicate that the BPSC does not have the sufficient means to conduct such a mass level examination. On the ground that some irregularities were found in Bapu Pariksha Parisar, cancelled the examination of that center and reexamination was conducted on January 4, 2025 which is also not permissible. It was also found that at sme of the Examination Centers, the jammer were also not functioning throughout the examination duration. It was found that procedure, as laid down in the SOP was also not followed by the BPSC. According to the BPSC's press note and the provisional answer key of the examination, which was conducted on January 4, 2025 at Bapu Pariksha Parisar, questions No 13, 79 and 91 of Set I have been deleted, therefore, the candidates, who appeared on January 4, 2025 will be beneficial for some additional marks to the candidates but this benefit will not be provided to the candidates who appeared on  December 13, 2024 as according to the provisional answer key, none of the question of the examination dated December 13, 2024 has been deleted. 

P K Shahi, Advocate General appearing for the State of Bihar opposed the argument raised by the senior counsel for the petitioners. He submitted that on this issue, one PIL has also been filed by the person/persons, therefore, it would be appropriate to hear the present matter by the same Bench who will hear the said PIL.

Lalit Kishore, senior counsel none of the candidates who appeared in the examination on the centers, which are mentioned in paragraph 8 of the petition, have made any complaint to the Commission regarding any irregularities nor any of them have filed any affidavit in support of these facts. He also submitted that as per the video recording, it was found that on 13.12.2024 at Babu Pariksha Parisar at about 1.5 pm, one candidate fled away with the question paper and some of the questions which have been mentioned in the social media, i e, X was posted at 1.6 pm. Therefore, the allegation of paper leak, as made by the petitioners, is baseless.

Y. V. Giri, senior counsel for the petitioners submitted that "till the decision of this case, the respondent-Commission (BPSC) be directed not to publish the result of preliminary test conducted by it on 13.12.2024 and 04.01.2025." He relied on four decisions of the Supreme Court in the cases of 

1. UP Public Service Commission vs. Subhash Chandra Dixit & Others 2003) 12 SCC 701, 

2. Joginder Pal & Others vs. State of Punjab & Others, (2014) 6 SCC 644, 

3.Nidhi Kaim & Another vs. State of Madhya Pradesh & Others, (2017) 4 SCC 1 and 

4. State of Punjab & Others vs. Manjit Singh & Others, (2003) 11 SCC 559.

In UPPSC case, the Court had directed that the merit list prepared by the UP Public Service Commission shall prevail in the case of all the examinations in question. 

In Joginder Pal case, the appeals were partly allowed to a limited extent.

The Nidhi Kaim case dealt with orders passed by the Madhya Pradesh Professional Examination Board (referred to as, ‘Vyapam’), cancelling the results of the appellants, of their professional MBBS course, on the ground that the appellants had gained admission to the course, by resorting to unfair means, during the Pre-Medical Test. These orders were passed, with reference to candidates, who had been admitted to the above course, during the years 2008 to 2012. A challenge to the orders of cancellation, was raised by the appellants. The 3-judge bench concluded that "it would not be proper to legitimize the admission of the appellants, to the MBBS course".

In the State of Punjab case, the Court imposed costs "to be borne by the appellant Punjab Public Service Commission. It concluded:"the stand of the appellant Commission in this case that, it being an independent body, is not subservient to any authority or the State Government, hence it is competent for it to lay down minimum efficiency standards including in the matters which may fall within the purview of Article 335 of the Constitution, is erroneous."

In his order dated January 16, 2025, Justice Arvind Singh Chandel of Patna High Court  directed the respondents-the State of Bihar through the Chief Secretary,  Principal Secretary, General Administration Department, BPSC through its Secretary, Secretary, BPSC, and Examination Controller, BPSC to file detailed parawise counter affidavit on or before 30th of January, 2025. The order reads:"It is made clear that any result of the preliminary examination, conducted by the Commission, will be the subject matter of the final outcome of this petition." The petition is listed for further consideration on January 31, 2025.

Also read: URL of Asset Declaration of BPSC office bearers, officials non-functional

URL of Asset Declaration of BPSC office bearers, officials non-functional

After Supreme Court's refusal to hear a petition alleging leak of question papers, gross irregularities and demanding re-test of the 70th examination of Bihar Public Service Commission (BPSC) and embargo on publication of result till the re-test is held, Pappu Kumar, Sheikhpura, Sandeep Kumar Singh, East Champaran, Ravish Kumar Raj, Gaya, Himanshu Raj, Rohtas, Subhash Kumar Thakur, Muzaffarpur, Khushi Kumari, Khagaria, Gautam Kumar, Nalanda, Rajan Kumar Tiwari, Aurangabad, Deepak Kumar, Muzaffarpur, Chandan Kumar, Supaul, Deepshikha, Muzaffarpur, Satyam Raj, Nalanda, Vivek Kumar, Patna and Akash Anand, Araria have filed a civil writ in the Patna High Court against the State of Bihar, the Principal Secretary, General Administration Department, BPSC, Secretary, BPSC, and Examination Controller, BPSC. Its current listing position shows that it is before Justice Arvind Singh Chandel, for admission on January 15, 2025. The petition has narrated the details of the allegations of irregularities by a large number of students and their indefinite strike in Patna, and the satyagrah in support of the demand of student job seekers for re-test.  On January 7, 2025, Supreme Court had asked the petitioners to first approach the High Court under Article 226 of the Constitution of India. BPSC came into existence from April 1, 1949. It is a Constitutional Body under Article 315 of the Constitution of India.

A bitter protest of job seeker students is underway in Patna against apparent irregularities in the 70th Combined Preliminary Examination of BPSC, poor quality of question paper, the similarities between the questions in the exam and model papers from coaching institutes demanding a complete cancellation of the exam and a re-conduct of the examination.

Bihar's prestige has suffered a set back because of student protest outside Bihar Bhawan in Delhi on December 28, 2024 against lathi-charge on BPSC aspirants in Patna. It all began with the September 2024 advertisement for one of the largest vacancies in recent years for the BPSC examination for which 483,000 candidates applied, 325,000 appeared for the exam for 2,031 positions, including 200 SDMs, 136 DSPs, and other gazetted officer posts held on December 13, 2024, between 12 PM and 2 PM, with candidates answering 150 questions on general knowledge. There was disturbance at the Bapu Pariksha Parisar (Bapu Examination Complex), Patna under administrative control of the Bihar School Examination Board (BSEB), where the question papers were delayed on December 13, 2024 because of which BPSC re-conducted the exam for 12,000 candidates from this centre on January 4, 2025.

Parmar Ravi Manubhai is the Chairman, BPSC since March 16, 2024. BPSC members are: Prof. Deepti Kumari, Dr. Arun Kumar Bhagat, Nawal Kishore, Sarb Narayan Yadaw and Yashaspati Mishra. BPSC Secretary is Satya Prakash Sharma. BPSC Examination Controller is Satya Prakash Sharma. The other officials of BPSC are Rajesh Kumar Singh, Additional Secretary, Kundan Kumar, Joint Secretary, Amitav Sinha, Joint Secretary, Smt Manju Tiwari, Joint Secretary, Samir Kumar Sinha, Deputy Secretary, Rajnish Kumar, Deputy Secretary, Pradeep Kumar, Under Secretary, Sanjay Kumar Mishra, Under Secretary, Dilip Kumar, Under Secretary, Awadhesh Kumar Jha, Under Secretary, Elias Bilung, Under Secretary, Sanjay Kumar, Under Secretary,  Ranjit Kumar, Under Secretary, Prashant Kumar, Under Secretary, Anil Kumar, Under Secretary and Smt. Anju Rani, Under Secretary.  

Prior to Parmar Ravi Manubhai, BPSC had Imteyaz Ahmad Karimi as the Acting Chairman from February 19, 2024 till February 26, 2024. Karimi was the chairman for less than a month. Subsequent to Karimi, Prof. Deepti Kumari was the Acting Chairman  during February 27, 2024-March 15, 2024. She was the second acting woman chairman for a brief period of less than a month. Prior to her Dr. (Prof.) Razia Tabassum was the acting chairman during March 27, 2003-July 29, 2004. Before Karimi, Atul Prasad was a full time Chairman during August 5, 2022-February 12, 2024.

During 1994-2010, BPSC has been subject of at least 105 cases in which judgements have been delivered. It is inexplicable as to why the judgements delivered after 2010 have not been included in the list.

It all began with the September 2024 advertisement for one of the largest vacancies in recent years for the BPSC exam for which 483,000 candidates applied, 325,000 appeared for the exam for 2,031 positions, including 200 SDMs, 136 DSPs, and other gazetted officer posts held on December 13, 2024, between 12 PM and 2 PM, with candidates answering 150 questions on general knowledge. There was disturbance at the Bapu Pariksha Parisar (Bapu Examination Complex), Patna under administrative control of the Bihar School Examination Board (BSEB), where the question papers were delayed on December 13, 2024 because of which BPSC re-conducted the exam for 12,000 candidates from this centre on January 4, 2025.

Notably, the url for Asset Declaration of BPSC chairman, members and officials- http://210.212.23.51/asset/depwisereport.aspx?dist_id=41&dep_id=77 is non-functional.    

The leak of the question paper of teachers recruitment examinations held by BPSC in 2023 had led to the arrest of several people for appearing in the examinations on behalf of the candidates after promising hefty money for their ‘cooperation’.

There is a compelling logic for removal of the taint of suspicion from the examination process by re- examination