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Patna High Court

Amar KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that the cancellation was a decision simpliciter, not a stigmatic decision, and therefore re‑evaluation was not permissible, leading to dismissal of the writ petition.

Summary

The petitioner Amar Kumar challenged the cancellation of his answer booklet in the upper division clerk mains examination, contending that the cancellation under instruction No.5 was arbitrary and that the authority did not specify how the instruction was breached. He sought a direction to set aside the published result, re‑evaluate his answer sheet, and prepare a fresh merit list for interview. The State defended the cancellation as a valid exercise of its administrative discretion. The court examined whether the cancellation constituted a decision simpliciter or a stigmatic decision and whether a writ court could order re‑evaluation. It held that the cancellation was a decision simpliciter, not amenable to judicial interference, and that re‑evaluation was not permissible. Consequently, the writ petition was dismissed.

Issues considered

  • Whether the cancellation of answer booklets under instruction No.5 is a valid administrative action or arbitrary.
  • Whether the petitioner is entitled to re‑evaluation of his answer sheet.
  • Whether the decision constitutes a decision simpliciter or a stigmatic decision for purposes of judicial review.
  • Whether the writ court can intervene and set aside the examination result.

Subjects

  • public service examination
  • answer booklet cancellation
  • instruction No.5
  • decision simpliciter
  • writ petition
  • re‑evaluation
  • administrative discretion

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.717 of 2026
     ======================================================
     Amar Kumar S/O-Randhir Paswan, Resident of Village- Katesar, P.S.- Bihta,
     Distt- Patna- 801103. (Roll no. 214473).

                                                             ... ... Petitioner/s
                                       Versus
1.   The State of Bihar through Additional Secretary, Department of Law and
     Justice, Government of Bihar, Patna.
2.   The Registrar General, The High Court of Judicature at Patna, Patna.
3.   The Convenor, Centralised Selection and Appointment Committee-Cum-
     District and Sessions Judge, Patna, Judges Court Road, Civil Court, Patna,
     P.O.- Bankipore, Distt- Patna- 800004.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s     :     Mr. Nishant Kumar Sinha, Advocate
     For the State            :     Mr. Ranjit Kumar (AC to GP-26)
     For the Resp. nos. 2 & 3 :     Mr. Satyendra Narayan Singh, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

                              ORAL JUDGMENT

      Date : 02-02-2026

                       Heard learned counsel for the petitioner, learned

      counsel for the State and learned counsel for respondent nos. 2

      & 3.

                       2. The present writ petition has been filed for

      issuance       of      an   appropriate     writ/writs,      order/orders,

      direction/directions for the following relief/s:-

                                     “I.    For    a   direction     upon   the
                                     respondent authority to set aside the
                                     mains examination result published
                                     on 03/09/2025 at Annexure-P/6-
                                     series i.e. the list of candidates
Patna High Court CWJC No.717 of 2026 dt.02-02-2026
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                                          whose answer booklet cancel due to
                                          identification marks found in their
                                          answer booklet of the written test
                                          held on 18/5/2025 for the post of
                                          upper division clerk (Grade-III) and
                                          further re-evaluate the copies of
                                          mains of these petitioners whose
                                          answer booklet has been cancelled
                                          due to sort of identification mark
                                          found in their answer booklet in view
                                          of     the     contravention          of   the
                                          instruction No-5, as mentioned in the
                                          answer booklet, which is completely
                                          a mechanical approach for the
                                          cancellation of their answer booklet.
                                          II. Further after evaluation of the
                                          answer booklet of the petitioners
                                          direct the authority concern to
                                          prepare a fresh merit list of mains
                                          examination          and   call     them   for
                                          interview in accordance with law.
                                          III.       Further     also       direct   the
                                          respondent authority as to how the
                                          instruction No-05 is applicable to the
                                          candidates for the cancellation of
                                          their answer booklet where in the
                                          instruction column No-5 when itself
                                          has not mentioned in detail and it
                                          shows some ambiguity simply name
                                          or any mark of identification and etc.
Patna High Court CWJC No.717 of 2026 dt.02-02-2026
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                                          IV. Further also direct the concern
                                          authority to keep in abeyance the
                                          process of interview which is going
                                          to be commenced from 08/09/2025
                                          till the disposal of the present writ
                                          application as because of the fact
                                          when the 15084 candidates answer
                                          booklet has been cancelled in the
                                          garb of instruction-05.
                                          V.     To    pass   such       order/orders,
                                          direction/directions             command/
                                          commands, writ/writs which deem fit
                                          and        proper   in   the     fact   and
                                          circumstances of the case.”


                         3. Learned counsel for the petitioner submits that

         the petitioner has not violated any of the terms & conditions as

         mentioned in the notice dated 03.09.2025, in which, it has been

         intimated that the answer book of the petitioner has been

         cancelled. The contention of the learned counsel for the

         petitioner is that the alleged wrong is basically no wrong in

         contravention of instruction no.5 of the booklet, and

         cancellation of the candidature of this petitioner is completely

         excessive and arbitrary. Counsel submits that such mistake has

         been done by 15084 candidates. He submits that it has not been

         indicated that how and in what manner, instruction no.5 has
Patna High Court CWJC No.717 of 2026 dt.02-02-2026
                                           4/5




         been violated. Such decision is ambiguous. He further submits

         that the respondent authorities may be directed to place the copy

         of the successful candidates who appeared in the mains

         examination, as to how and in which manner the said rule has

         been violated. It has also been requested that the direction for

         re-evaluation of answer sheet of the booklet in true spirit may be

         made. Counsel has taken the plea that the petitioner earlier

         moved before this Court in C.W.J.C. No. 15568 of 2025

         (Akanksha Kumari & Ors. Vs. The State of Bihar & Ors.), and

         vide order dated 23.09.2025, this Court has pleased to permit the

         petitioner to withdraw the same with liberty to file individual

         writ petitions for redressal of their grievances. The Respondent

         no.3 was also directed to file a para-wise counter affidavit.

         Counsel submits that in such circumstances, a direction may be

         given to the respondent nos. 2 & 3 to file a counter affidavit.

                         4. After hearing the parties, it transpires to this

         Court that the decision taken by respondent no.3 is a decision

         simpliciter. It is not a stigmatic decision. It also transpires that

         the question which has been annexed indicates that there is

         something written on the question paper and the decision taken

         by respondent no.3 is against bulk of candidates who have been

         alleged to violate instruction no.5.
             Patna High Court CWJC No.717 of 2026 dt.02-02-2026
                                                        5/5




                                      5. Therefore, this Court is of the firm view that it is

                      a decision simpliciter and not a decision stigmatic. The request

                      of re-evaluation is not permissible under law, particularly, on the

                      grounds mentioned here. In this view of the matter, this Court is

                      not inclined to interfere in this matter. Hence, this writ petition

                      stands dismissed.




                                                                  (Dr. Anshuman, J)
Divyansh/-
AFR/NAFR
CAV DATE                     NA
Uploading Date             04/02/2026
Transmission Date            NA


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