SUBODH KUMAR RAY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

(2.) The present writ petition has been filed for directing the respondents to declare the petitioner as a successful candidate in the Mains (written) examination in connection with Advertisement no. 42 of 2011 on the ground that though he has secured 498 marks, three other candidates having lesser marks have been declared successful whereafter, they have been called for interview and have also been finally selected as against the post of Assistant Prosecution Officer.

(3.) The brief facts of the case are that the petitioner is a law graduate and is a practicing Advocate at the Civil Court, Hajipur. An advertisement no. 42 of 2011 was published by the B.P.S.C. on 19/10/2011 for making appointment on a total number of 80 posts of Assistant Prosecution Officer. The petitioner is stated to be belonging to the backward class category and as far as the backward class category is concerned, 10 posts had been earmarked for the said category and two posts had been assigned for the backward class ladies category. The petitioner is stated to have applied for the post of Assistant Prosecution Officer under the backward class category, whereafter the Admit card was issued to him and then the Preliminary competitive examination was held on 23/3/2019, in which the petitioner had qualified. The petitioner had appeared in the mains (written) examination, which was held in between 2/2/2015 to 6/2/2015 and is stated to have performed very well. However, when the result of the Assistant Prosecution Officer, Mains (Written) competitive examination was published by the competent authority of the respondent Commission on 7/4/2017, the petitioner did not find his name amongst the list of successful candidates, though he had secured 498 marks.