ORDER These 21 Writ Petitions were heard together at the stage of admission because the common grievance raised by the petitioners is that the Bihar Public Service Commission (for short the Commission) has wrongly rejected the applications of the petitioners submitted in response to Advertisement No. 43/2005, in relation to 26th Bihar Judicial Service competitive Examination, 2005. Petitioners have, inter alia, prayed that the Commission be directed to issue admit cards to the petitioners allowing them to take the examination in question, which is scheduled from 5th July, 2006. 2. Some of these Writ Petitions which also include one filed by way of Public Interest Litigation were listed and heard on 30th June, 2006. During arguments, it transpired that the reasons for rejection of about 3000 applications, on one or other eight broad grounds, had not only been communicated to the individual applicants but had also been published by the Commission through press communication on 30th June, 2006. The eight categories of reasons are as follows: (i) Ineligibility on ground of age, (ii) Essential qualification not being from a recognized college/institution, (iii) Non-payment of requisite examination fee, (iv) Failure to indicate the required number of optional subjects, (v) Absence of signature/attestation on the photograph, (vi) Absence of signature on the required declaration that the contents of the application are true, (vii) Incomplete application/information in the application form, and (viii) Receipt of applications after the last prescribed date. 3. On behalf of the petitioners who had been found ineligible because of academic qualification not being from recognized College/Institution, reliance was placed upon recent communications from the Bar Council of India in support of the plea that the concerned College/Institution had the necessary recognition. In view of such submissions as also keeping in view that the examination was scheduled to commence only from 5th July and there was little time to hear an decide the dispute on merits without disturbing the examination schedule, the Commission was directed to consider the relevant materials raised in the various writ petitions itself so that if some merit was found by the Commission, it could issue admit cards, even provisionaily, so that the examination schedule may not be disturbed.
As a result, when the matter was heard on 3rd July, an affidavit was filed on behalf of the Commission in which a chart has been annexed as Annexure-B, which shows that petitioners of 12 Writ Petitions bearing CWJC Nos. 7131, 7193, 7265, 7262, 7106, 7194, 7263, 7266, 7413, 7372, 7416 and 7417 of 2006, have been issued with provisional admit cards. It is also found that out of seven petitioners of CWJC No. 7373 of 2006, petitioners 1 to 4 have been issued with provisional admit cards and similarly out of five petitioners of CWJC No. 7370 of 2006, petitioners 1, 3 and 4 have been issued with-provisional admit cards. The claim of petitioners in remaining seven writ petitions did not find favour for issuance of provisional admit cards. 4. Having considered the overall factual background of all these cases, the nature of grievances raised by the petitioners. and the larger public interest which warrants that the date of examination be not postponed so as to adversely affect the recruitment process for filling up vacancies in judicial service of State of Bihar which are existing since long and for which about 38840 candidates are scheduled to take the competitive examination from 5th July, 2006, this Court is of view that, at the first instance, the Commission should itself consider the grievances and claims of the petitioners, who have not been granted any relief by the Commission so far and also of those who have been granted provisional relief by the Commission. For that purpose, all these writ petitions shall be treated as representations filed by the petitioners before the Commission. 5. The Commission shall consider the grievances, disputes and other relevant facts, emerging from such representations, in accordance with law, expeditiously, and, will redress the grievances, upon consideration and evaluation of the said representations, in accordance with law. It will, also, be open for the Commission to, also, consider the representations, that may be filed, by the affected parties, within a period of four weeks from today. The commission is, further directed to notify the decision or outcome of the Commission, upon consideration and evaluation of the representations, on the Notice Board of the office of the Commission, and, on being request made, may also, inform the concerned candidates. 6.
The commission is, further directed to notify the decision or outcome of the Commission, upon consideration and evaluation of the representations, on the Notice Board of the office of the Commission, and, on being request made, may also, inform the concerned candidates. 6. In view of the nature of this order, whereby, the Petitioners have been relegated to the Commission for consideration on merits of their representations, this Court has not gone into the merits of their disputes. 7. The writ petitions are disposed of accordingly.