New Delhi: The Supreme Court on Tuesday (January 7) refused to entertain a plea seeking cancellation of the recent preliminary examination conducted by the Bihar Public Service Committee (BPSC) on the grounds of alleged irregularities.
A bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justices Sanjay Kumar and KV Viswanathan asked petitioner to approach the Patna High Court.
Petitioner’s counsel urged apex court to consider plea
The counsel appearing for the petitioner – Anand Legal Aid Forum Trust – urged the bench to consider the plea, submitting that “the entire nation has seen how the Bihar Police has brutally lathi-charged the protestors” and that the paper leaks and malpractices in competitive examinations have become a routine and is happening as a daily matter.
Apex court cannot be the court of first instance, bench told petitioner
The CJI-led bench told the petitioner’s counsel that the apex court cannot be the court of first instance and asked the counsel to approach the High Court.
“We feel it will be appropriate and more expeditious that the petitioner approached the Patna High Court under Article 226 of the Constitution,” the bench said.
The petitioner’s counsel told the top court bench that the place where the lathi-charge by the police took place on protestors was near the official residence of the chief justice of the High Court and a suo-motu note could have been taken.
Why students are protesting?
The students have been protesting in Patna demanding cancellation of the BPSC-conducted 70th Combined Competitive Exams (preliminary) alleging malpractices in the entrance examination. The students demanded re-examination for all candidates who appeared for the examination across Bihar. The Bihar Police allegedly used force on the protesters to control the protest.
Jan Suraj founder Prashant Kishor joined the protest and sat on an indefinite fast in Gandhi Maidan in Patna supporting the demands of protesting students. He was on Monday arrested by the Patna Police and was released on bail later.
