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Civil Writ Jurisdiction Case No. 1779 of 2017, I.A. No. 794 of 2017 and Civil Writ Jurisdiction Case No. 2131 of 2017. Case: Nishant Kumar and Ors. Vs The State of Bihar and Ors.. High Court of Patna (India)

Judgment Cited in Precedent Map Related
Case NumberCivil Writ Jurisdiction Case No. 1779 of 2017, I.A. No. 794 of 2017 and Civil Writ Jurisdiction Case No. 2131 of 2017
CounselFor Appellant: Shailendra Kumar Verma and Manoj Kumar, Advocates and For Respondents: Suman Kumar Jha, AC to AAG
JudgesDr. Ravi Ranjan, J.
IssueService Law
Judgement DateThursday February 09, 2017
CourtHigh Court of Patna (India)

Judgment:

Dr. Ravi Ranjan, J.

  1. Since common questions have been raised in both the writ applications, they have been heard together with the consent of the parties and are being disposed of by this present order.

  2. I have heard parties and have perused the records of the cases.

  3. The Bihar Public Service Commission (hereinafter referred to as 'the Commission') published an Advertisement on 15.09.2016 inviting applications from the suitable candidates for 60th to 62nd Common Combined (Preliminary) Competitive Examination. It is the first time when, with respect to this particular examination, online submission of the forms has been introduced by the Commission. The date for filling up online application forms was declared from 27.09.2016 to 3.11.2016. However, this is admitted fact that the Commission had extended the aforesaid period thrice. First from 3.11.2016 to 14.11.2016, thereafter, from 14.11.2016 to 24.11.2016 and finally from 24.11.2016 to 5.12.2016. Various instructions were already notified in the advertisement. The same has been detailed in paragraph 6 of the counter affidavit filed by the Commission. From perusal of the aforesaid paragraph, it appears that first stage was online registration and downloading of challan for payment of examination fee. After filling up the application forms successfully for registration, candidates were required to pay requisite fee through challan or online payment as described in the instruction. After registration is confirmed, user name and password etc. was to be given for filling up the application forms which is stage III. Finally, after submitting online application forms, a PDS/soft copy would be generated and flashed on the dashboard. It is also stated that once payment was confirmed, the candidate automatically would get the link to application form. After successfully submitting the application form, candidates were required to obtain a printout of that and the hard copy was required to be safely kept for future reference which would disclose registration number submitted application number and bar code etc. Only after submission of final form successfully the process of filling up the form would be completed.

  4. The grievance of the petitioners is that though they successfully filled up the registration forms and got the registration number and link after filled up form but finally when they pressed the tab for final submission, the course only moved and moved. Some of them thought that they have been successfully submitted form and some of them reattempted. During the course of hearing, some papers were produced for perusal showing that some of them had informed to the...

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