introduction
The Supreme Court has declined to entertain a petition that claimed the irregularities in the Bihar Public Service Commission (BPSC)’s 70th Combined Competitive Preliminary Examination. The Supreme Court has also advised the petitioners to approach the Patna High Court to seek remedies and has also held that approaching the correct judicial forum is necessary for the procedure of law.
BACKGROUND
The BPSC is a constitutional body and it is responsible for conducting the recruitment of candidates for civil service in Bihar. On December 13, 2024, it conducted the 70th Combined Competitive Preliminary Examination. The allegations about the question paper leak at the Bapu Examination Complex in Patna started coming which as a result led to widespread protests among the aspirants. In response to these protests, BPSC cancelled the examination and rescheduled it for January 4, 2025. Despite the best efforts of the law enforcement authorities, the protest and dissatisfaction among aspirants has only increased and has also led to confrontations and demonstrations.
KEY POINTS
- Supreme Court’s observation: A bench which consisted of Chief Justice Sanjiv Khanna, Justices Sanjay Kumar, and KV Viswanathan has declined to hear the petition and has also held that the Supreme Court cannot serve as the court of first instance in such cases. The Court has also directed the petitioners to approach Patna High Court under Article 226 of the Constitution because the High Court is the correct judicial forum as per legal procedure and this would also ensure a more expedient resolution of the case.
- Excessive Use of Force over protestants: The petitioners have accused the Bihar Police of using excessive force against peaceful protesters. The Supreme Court has also acknowledged the use of excessive force by police and has also advised to seek the remedy from the High Court which is an appropriate forum to adjudicate this matter.
- BPSC’s Response: BPSC had initially cancelled the examination only for the centres where there was evidence of irregularities. This decision was questioned by many aspirants and they have continued to demand the re-examination.
RECENT DEVELOPMENTS
The present situation is far from the normal circumstances and this protest is continuously intensifying with the demonstrators attempting to march towards the residence of Chief Minster. The police authorities have also attempted to use the measures such as baton charges and water cannons on the crowd which has led to severe injuries among the public. The authorities are also trying to restrict the gatherings of protestants to prevent the situation from becoming worse. The political figures such as Prashant Kishor have also publicly shown their support for the protesters and have criticized the handling of the situation by the government.
CONCLUSION
The decision of the Supreme Court to direct the petitioners to approach Patna High Court shows the importance of following the correct judicial procedure and this approach also allows the courts to examine the matter thoroughly. This situation now requires the focus of Patna High Court to discuss on this matter and to examine the allegations about the irregularities in the BPSC examination. This case hold relevance because it shows the importance of judicial forums to protect and uphold the transparency of the public examinations and to address the concerns of aspirants which ultimately helps to maintain the trust of the public in recruitment processes in India.
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WRITTEN BY: MUSKAN.
