Bpsc judicial service
pradeep chandra
(Querist) 15 November 2014
This query is : Resolved
sir i attempt 28'th bihar judicial service. 1. in the i'st advertisement of 28'th bihar j.service there is clear that ,the marks obtained at the inteview shall be added to the marks obtained at the written examination.the name of the candidates will then be arranged by the commission in order of mrit. 2.. but after written examination and before viva voce test a letter issued by bpsc that by the direction of hon'b high court the minimum cut off marks in the viva voce test will be 35%. sir i got only 30% marks in the viva voce test.but my total marks in written and viva voce test is more than final qualifyinf marks.so according to 1'st advertisement(para 1) i am pass. sir my que. is (1) if i writ against para 2 which is published in midst f game ,m i bound by estoppel... if yes then please suggest me what can i do to get the result. (2)secondly sir according to sec15(c) of bihar civil services(judicial branch)recruitment 1955, "there shall be no qualifying marks in the viva test... final cut off matrks.. 559 and i got in written 544 and in viva voce test 30. total 574..more than 15 marks from final qualifying marks
Devajyoti Barman
(Expert) 15 November 2014
You can seek justice through writ jurisdiction of high court.
ajay sethi
(Expert) 16 November 2014
BPSC has merely implemented orders passed by Hc that 35%qualifying marks should be for viva voice test . since you got only 30%marks you have not passed the exams although in aggregate your marks are more than required
T. Kalaiselvan, Advocate
(Expert) 17 November 2014
agreed with the experts views, if you feel aggrieved, you may file a writ petition seeking solace.
Kumar Doab
(Expert) 25 May 2016
Repeated Query:
http://www.lawyersclubindia.com/experts/details.asp?mod_id=600491
http://www.lawyersclubindia.com/experts/service-matter-599511.asp
Why to repeat?
pradeep chandra
(Querist) 14 September 2016
sir, as per your suggestions i filed a writ before high court with refrence of many case laws i.e DURGA CHARAN MISHRA V. S.O. ORRISA (1987)4 SCC 646,HIMANI MALHOTRA CASE (2008)7 SCC 11, K. MANJUSHREE (2008)3 SCC 512,HEMANI MALHOTRA CASE ETC.but it was dismissed on only ground of estoppel which is irreverent. than i filed SLP in the SUPREME COURT with the grounds ... summary is-
1) that the process of appointment of judge has not to be made in accordance with the rules framed under Article 234 of the Constitution. .
2) that the additional criteria imposed by commission is violation of rule 15(c) of the rule , which prescribes that there shall be no qualifying marks for the viva voce test... and
3)no body can alter or modify of the process in the midst of the selection process..
the High Court has also failed to appreciate that the rules are enacted under Article 234 of the constitution which mandate that the selection of the candidates shall be made in accordance with the rules. therefore , in this case there is violation of the constitutional mandate as well.
the High court has erroneously applied the doctrine of estoppel in the case in contradiction of the view taken by this Hon'ble court in RAJ KUMAR & OTHER SHAKTI RAJ & OTHERS (1997) 9 SCC 527. IN this case , the court held that the principle of estoppel by conduct or acquiescence has no application in cases where illegalities were committed in the process of selection.
and against the law this slp was also dismissed without in two lines without giving any gounds "(learned councel for the petitioner was heard and petition was dismissed)" my slp no is 22249/2016
now sir what can i do... now i m totally hopeless... without decide the constitutional point how can a judge pass this type of judgement... please help me what is the remedy now and how.. a poor man of the country can get the fare and reasonable judgement
