BPSC Paper Leak : Supreme Court Refuses To Entertain Plea Challenging BPSC Exam, Asks Petitioner To Approach Patna HC

The Supreme Court today (January 7) refused to entertain a writ petition challenging the 70th Combined Competitive Exams (preliminary) conducted by the Bihar Public Services Commission (BPSC) on grounds of an alleged paper leak. The Court has asked the petitioner to move the Patna High Court under Article 226 Jurisdiction. 

The bench of CJI Sanjiv Khanna, Justice Sanjay Kumar and Justice KV Vishvanathan was hearing a plea seeking the cancellation of the 70th Combined Competitive Exams (preliminary) conducted by the Bihar Public Services Commission (BPSC) on grounds of an alleged paper leak. The petitioner also seeks the constitution of a Board of members to inquire into the BPSC's exam conduct. 

During the hearing, the Counsel for the petitioner- Anand Legal Aid Forum Trust, Abhijit Anand submitted, "The entire nation has seen how the Bihar Police has brutally lathy charged the protestors". Addressing the recurrent issue of paper leaks and malpractices in national-level competitive exams, he further expressed, "Now this has become a routine, the manner in which paper leaks are happening" 

The CJI however reverted that the Apex Court cannot be the Court of first instance, since no other plea has so far been filed before the High Court regarding the alleged paper leaks. Refusing to comment on the merits of the matter, the bench passed the following order : 

" We feel that it will be appropriate and more expeditious that the petitioner approaches the Patna HC by way of a petition under Article 226 and therefore refuse to entertain the present writ petition"

Before parting, the Counsel mentioned that the site of protest where the lathi charge took place (Gandhi Maidan) was near the residence of the Patna High Court Chief Justice and the High Court could have taken suo motu cognisance of the matter.

Notably, the issue arises out of the alleged paper leak for the 70th Combined Competitive Exams (preliminary) conducted by the Bihar Public Services Commission (BPSC). The exams were given by nearly 5 lakh candidates across 900 centres on December 13, 2024.  The allegation of the paper leak resulted in subsequent protests led by the leader of the Jan Suraaj Party, Prashant Kishore who went on an indefinite hunger strike on January 2.

The protestors have demanded for cancellation of the entire exam and conducting it afresh. These demands were floated after the BPSC allowed a re-test of only 10,000 candidates who had been assigned the Bapu Pariksha Parisar exam centre where the alleged leak occurred. 

In a related development, the political strategist-turned-politician, Kishore was granted bail on Monday hours after being arrested from Gandhi Maidan (protest site) in Patna. 

Case Details : ANAND LEGAL AID FORUM TRUST Versus BIHAR PUBLIC SERVICE COMMISSION AND ORS. Diary No. 717-2025