SUBHASH KUMAR Vs. STATE OF BIHAR
LAWS(SC)-2020-11-22
SUPREME COURT OF INDIA
Decided on November 17,2020

SUBHASH KUMAR Appellant
VERSUS
STATE OF BIHAR Respondents

JUDGEMENT

RASTOGI, J. - (1.)The instant petition is directed against the order dated 23rd July, 2020 passed by the first respondent relegating the petitioner after serving as member of the Bihar Administrative service for almost 15 years to Bihar Education Service without affording an opportunity of hearing to him in alleged compliance of the order of this Court stated 23rd October 2019 in Civil Appeal No. 3307 of 2015 left with no option with the petitioner to approach this Court for redressal of his grievance.
(2.)The brief facts of the case led to filing of this petition are that Bihar Public Service Commission (hereinafter referred to as the "Commission") published an advertisement dated 29th December, 2001 in various newspapers inviting applications from eligible candidates for conducting the 45th Combined Competitive Examination. The petitioner had participated in the selection process and after being finally selected and as per his placement in the order of merit, was appointed into Bihar Administrative Service vide order dated 21st March, 2005 and after successful period of probation, became a substantive member of Bihar Administrative Service (BAS).
(3.)Shri Baldeo Choudhary (respondent no. 5) had also participated along with the petitioner in the 45th Combined Competitive Examination held by the Commission pursuant to an advertisement dated 29th December 2001, could not succeeded in fulfilling his wishes to become a member of Bihar Administrative Service. He challenged his unsuitability held by the Commission after almost four years of the process attain finality by filing a writ petition before the High Court of Patna in the year 2008 and finally succeeded in persuading the learned Single Judge vide judgment dated 19th March, 2012 in holding that an error has been committed by the Commission in evaluation of his answer script of Paper-II General Studies.
It may be noted that none of the selected candidates including the present petitioner who on their selection, being appointed and became member of Bihar Administrative Service, were impleaded as a party to the writ petition.

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