- (1.) The Bihar Public Service Commission (hereinafter referred to as 'BPSC') issued an advertisement on 15-9-1989 for filing up 56 vacancies to the post of Medical Officers (Ayurveda) in the State of Bihar. In that advertisement it was specifically provided that for the purpose of selection screening test would be held to short-list the candidates before making final selection. By a corrigendum dated 28-8-1991 it was stated that the vacancies to the post of Medical Officers (Ayurveda) had increased by 139. Thus, the total vacancies became 195. Another corrigendum dated 13-9-1992 was issued stating that all eligible candidates for the interview whoever became eligible till the date of the interview could take the interview. On 24-12-1992, letters were issued by BPSC to all eligible candidates to appear for objective type test in order to screen the applicants and to short-list the number of candidates.
(2.) On 10-1-1993, the screening test was held by BPSC. There were about 3,000 candidates who appeared for screening test. The results of the screening test were declared on 24-2-1993. 410 candidates were declared successful in the said screening test which included the appellants herein.
(3.) Some of the candidates who failed to secure the minimum marks and who could not be declared successful in the screening test filed C.W.J.C. No. 2512 of 1993 on 12-3-1993. They sought to quash the screening test held by BPSC on a number of grounds. The principal grounds on which the screening test was assailed are : 1. The question papers had leaked and they became marketable commodity before the examination. 2. The answer books of objective type examination came to be evaluated in the premises of BPSC by the staff who had no knowledge of examination. 3. The Chairman of BPSC had acted arbitrarily in holding the examination. 4. The questions asked in the screening test were vague and had more than one answers.;