G. P. Mathur, J. - (1.) Leave granted.
(2.) The writ petitioner has preferred this appeal by Special Leave against the judgment and order dated 16-4-2003 of a Division Bench of Patna High Court by which the Letters Patent Appeal preferred by Bihar Public Service Commission (hereinafter referred to as the Commission) was allowed and the judgment and order dated 11-9-2001 of a learned single Judge whereby a direction was given to the Commission to reconsider the case of the appellant after treating his marks in the General Science paper as 63 was set aside.
(3.) For holding the Judicial Services (Competitive) Examination, 1999, the Commission issued an advertisement on 19-4-1999. The appellant appeared in the written examination which was held from 25th to 31st January, 2000. After the viva voce examination, the final result was declared on 6-8-2000. The appellant did not qualify in the written examination and was not called for interview. A copy of the mark-sheet was sent to him on 1-1-2001. He applied for scrutiny of his marks in General Science paper wherein he had secured 35 marks. The Commission found that there was no mistake and, accordingly, an intimation to that effect was sent to him on 18-7-2001. Thereafter, the appellant preferred a writ petition in the High Court wherein the main prayer made was that a direction be issued to the Commission to re-evaluate his General Science paper. It was averred in the writ petition that he had secured very good marks in all other papers, namely, General Hindi, General Knowledge, Law of Evidence and Procedure, Transfer of Property and Personal Law etc. and had also answered the questions in General Science paper correctly and, therefore, he should have been awarded much higher marks in the said paper.;