'No Systematic Irregularities Proven': Patna HC Dismisses Pleas Challenging BPSC 70th Prelims, Allows Conduct Of Mains Examination

The Patna High Court on Friday dismissed multiple petitions seeking the cancellation and re-examination of the integrated 70th Bihar Public Service Commission (BPSC) Combined (Preliminary) Competitive Examination (CCE). The court ruled that there was “no definite evidence of malpractice at all centres” in the preliminary tests conducted on December 13, 2024.

A division bench comprising Acting Chief Justice Ashutosh Kumar and Justice Partha Sarathy, held that “After having gone through the records and having heard the learned counsel for the petitioners, we have found that though there has been a consistent and loud demand of re-examination for all the candidates on the grounds of paper leak and non-observance of the SOP by the Commission, but except for the proof of disturbance at BPP Centre at Patna, which was one of the biggest centres, accommodating maximum number of candidates, there is no serious complaint from any other centre.”

Accordingly, the Court upheld the Commission's decision to conduct a re-examination only for that centre and directed that the Mains examination be conducted for the successful candidates.

The judgment was rendered in a petition filed by Anand Legal Aid Forum Trust, and connected petitions filed by one Pappu Kumar and others. The petitioners sought cancellation of the Preliminary Examination held on 13.12.2024 and 04.01.2025 and a direction to hold a fresh examination, alleging, inter alia, paper leak, administrative lapses, and differential treatment of candidates.

The petitioners contended that the entire process gets tainted, requiring cancellation of examination/result and holding of fresh examination due to violations of Articles 14 and 16 of the Constitution. It was also argued that there were strong chances of paper leak and completely opaque methodology in the preparation of the merit list.

In response, the BPSC submitted that the incident of disruption was isolated to the BPP Centre and that there is a requirement of observing fairness towards candidates who invest time and resources and both these considerations have a Constitutional foundation. The Commission argued that there was no possibility of any examinee having benefited from the paper-leak at 1:00 P.M. due to electronic jammers and strict frisking protocols.

The Court relied on the legal standard laid down in Sachin Kumar and Others v. Delhi Subordinate Service Selection Board (DSSSB) and Others.; (2021) 4 SCC 631, noting that an entire examination process may only be cancelled “when there is a systemic failure... where it would be difficult to segregate the tainted from the untainted participants.”

The Court stated, “Segregating the wrong doers and allowing the selection process to be continued and taken to its logical conclusion is an accepted principle of service jurisprudence, which stands on the bedrock principles enshrined under Articles 14 and 16 of the Constitution of India. Nonetheless, if there is evidence of systemic irregularities, the entire process becomes vitiated.”

The Court found that the petitioners mostly had relied upon observations or complaints of candidates, and these were only WhatsApp messages and some stray complaints, which on verification, were not found to have been substantiated. It concluded that the allegations lacked details or substantial proof and are thus, unverifiable.

Accordingly, the Court directed that the BPSC, “carry out the Mains Examination, ensuring that the process is peaceful, fair and transparent. The Commission shall also consider the suggestions given by us for firming up structurally to deal with such situations.”

Case Title: Anand Legal Aid Forum Trust vs Bihar Public Service Commission and Ors

LL Citation: 2025 LiveLaw (Pat) 23

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