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Patna High Court

Minku KumarversusThe Bihar Public Service Commission

Decided
Disposal
DISMISSED

Holding

The Court held that there is no statutory provision for re‑evaluation of answer sheets, and therefore dismissed the petition.

Summary

Minku Kumar filed a writ petition before the Patna High Court seeking a mandamus directing the Bihar Public Service Commission (BPSC) to re‑evaluate his answer sheets of the Integrated 70th (Main) Combined Competitive Examination and to restrain the declaration of its final result. He also requested that his answer sheets be examined by an independent agency. The BPSC opposed, contending that there is no statutory provision for re‑evaluation of papers in its examinations. The Court examined the petition and the preliminary objection raised by the BPSC. Finding that the statutes governing the BPSC do not empower it to order a re‑evaluation, the Court held that the petition lacked merit and dismissed it.

Issues considered

  • Whether any provision under the Bihar Public Service Commission Act or related regulations authorises re‑evaluation of answer sheets in competitive examinations.
  • Whether a writ of mandamus can be issued to compel the BPSC to re‑evaluate answer sheets and restrain the declaration of results.

Subjects

  • writ of mandamus
  • re‑evaluation
  • competitive examination
  • Bihar Public Service Commission
  • administrative law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.4397 of 2026
                 ======================================================
                 Minku Kumar S/o Rambriksh Prasad, R/o Village - Majidpur, Post Office
                 Itaura, Police Station- Manpur and District- Nalanda.

                                                                       ... ... Petitioner/s
                                                Versus
           1.    The Bihar Public Service Commission through its Chairman, Bailey Road,
                 Patna.
           2.    The Secretary, Bihar Public Service Commission, Bailey Road, Patna.
           3.    The Joint Secretary-cum-Controller of Examinations, Bihar Public Service
                 Commission, Bailey Road, Patna.
           4.    The State of Bihar through the Principal Secretary, Deptt. of General
                 Administration, Govt. of Bihar, Patna.
           5.    The Additional Secretary, Deptt. of General Administration, Govt. of Bihar,
                 Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Sanjeev Verma, Advocate
                 For the State          :        Mr. Raghwanand (GA-11)
                                                 Mr. Sanjay Kr. Tiwari, (AC to GA-11)
                 For the BPSC           :        Mr. Sanjay Pandey, Advocate
                                                 Mr. Nishant Kr. Jha, Advocate
                                                 Mr. Prabhakar Pahepuri, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   26-03-2026                   Heard learned counsel for the petitioner, learned

                   counsel for the State and learned counsel for the Bihar Public

                   Service Commission.

                                 2. Learned counsel for the petitioner submits that the

                   present writ petition has been filed for issuance of writ of

                   mandamus seeking order/direction to the respondents for the

                   following relief/s:-

                                        “I. Conducting re-valuation of the answer
                                        sheets    of    the   petitioner     regarding   the
             Patna High Court CWJC No.4397 of 2026(2) dt.26-03-2026
                                                         2/2




                                            Integrated 70th (Main) Combined Competitive
                                            Examination held on 25/04/2025, 26/04/2025,
                                            28/04/2025 & 29/04/2025.
                                            II. Restraining the respondents to declare the
                                            final result of Integrated 70th (Main) Combined
                                            Competitive Examination till the disposal of
                                            the present writ petition.
                                            III. Call for the answer sheets of the petitioner
                                            from the office of the Commission and get it
                                            evaluated from an independent evaluator or
                                            agency.
                                            IV. Such other reliefs which the petitioner is
                                            found to be entitled for.”


                                   3. Learned counsel appearing for Bihar Public Service

                       Commission raised a preliminary objection and submits that

                       there is no provision for re-evaluation of the papers in the

                       competitive exams.

                                   4. As such, this Court finds that there is no merit in

                       this case. Hence, this writ petition stands dismissed.



                                                                      (Dr. Anshuman, J)
Divyansh/-

U


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