IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.813 of 2008 ***** 1. Shri Pawan Kumar Singh, S/o Late Shyam Kishore Singh, R/o- Village-Udhopatti, P.S. Bishanpur, presently posted as A.S.I., Bihar Police Radio, R.X. Building, Rajbanshinagar, Bailey Road, Patna. … … Petitioner/Appellant (Cr.W.J.C. No.583/07) 2. Shri Binay Kumar Shukla, S/o Late G.N.Shukla, K-4 Chandrabihar Colony, Ashiana, Digha Road, Patna-25, presently posted as Horticulture Officer, Directorate, Horticulture, Old Secretariat, Patna. 3. Shri Prem Chand Ram, S/o Late Kanhaiya Ram, R/o-Village-Saphi, Post-Nimej, P.S. Brahmpur, District-Buxar, presently posted as A.S.I., Police Wireless, Bihar Police Radio, R.X. Building, Rajbanshinagar, Bailey Road, Patna. 4. Shri Shamim Akhtar, S/o Shri Ful Mohammad, R/o-Village+Post- Chandi, P.S. Charpokhari, District-Bhojpur at Arrah, presently posted as Assistant. B.P.S.C., Patna. 5. Shri Yogendra Kumar Verma, S/o Late Etwari Prasad, R/o Village- Kebaidih, Post- Dahpar Sargaon, P.S. Noorsarai, District-Nalanda, presently posted as A.S.I., Wireless Police, P.I.R., Old Police Line, North Gandhi Maidan, P.S. Gandhi Maidan, District-Patna. 6. Md. Nasiruddin, S/o Md. Azim, R/o Village+Post-Sahar, P.S. Sahar, District-Bhojpur, presently posted as Lab Technician, P.M.C.H., Patna. 7. Shri Shyam Bihari, S/o Late Dudheshwar Singh, K. Block Quarter No.6, presently posted as A.S.I., Bihar Police Radio, R.X. Building, Rajbanshinagar, Bailey Road, Patna. 8. Shri Ramashankar Dubey, working in Police Department, Darbhanga, R/o Village+Post-Bangra, via Daudpur, District-Chapra(Saran). 9. Shri Shatrughna Paswan, S/o Late Birbhadra Paswan, at and P.O. Muradpur P.S. Nauhatta, District- Saharsa, Presently Posted as A.S.I., Bihar Police Radio, Saharsa. 10. Shri Krishnadeo Razak, S/o Shri Ram Chandra Razak, R/o Village- Sahpur via Gwalpara, District-Madhepura, presently posted as Assistant Teacher, Medical College, Pratapganj, via Pratapganj, District-Supaul. 11. Shri Ashok Kumar, S/o Late Raghunandan Prasad Yadav, R/o- Village-Bishouni, P.O.-Gangapur, P.S. Sultanganj, District- Bhagalpur, presently posted as A.S.I., Bihar Police Radio, R.X. Building, Qr. No.1/80, Shashtri Nagar, Bailey Road, Patna. 12. Ramesh Kumar Singh, S/o Late Shyama Singh, R/o-Ranipur, P.S. Paliganj, District-Patna, presently residing at Vishal Residentiary Wing-4, Flat No.306, opposite Petrol Pump, Raza Bazar, Patna- 800004. … … Aggrieved Parties – Appellants (neither petitioner nor respondent) Versus - 2 - 1. The State of Bihar through its Chief Secretary, Govt. of Bihar, Old Secretariat, Patna. 2. The Secretary, Personnel and Administrative Department, Old Secretariat, Government of Bihar, Patna. 3. Bihar Public Service Commission, through its Secretary, Bailey Road, Patna. 4. The Chairman, Bihar Public Service Commission through its Secretary, Bailey Road, Patna. 5. The Controller of Examination, Bihar Public Service Commission, Bailey Road, Patna. 6. The Vigilance Investigation Bureau through its A.D.G., 6, Circular Road, Patna. 6A. The Acting Chairman, BPSC, Bailey Road, Patna. … … Respondents/Respondents 7. Shri Sunil Kumar Sinha, S/o Shri Braj Kishore Prasad, C/o Chandra Mohan Prasad, Advocate, Mohalla-Manikpur, P.O.-Mirjan Haat, Bhagalpur-5, D.R.D.A. Office, Collectorate Compound, Bhagalpur. 8. Vishwajit Kumar, S/o Late Man Mohan Prasad, R/o Mohalla- Karamchak, Lajpat Park, Bhagalpur, S.D.O., Sadar Office, Bhagalpur. 9. Prakash Chandra Ravidas, S/o Late Sant Lal Ravidas, R/o Village- Urdu Bazar, Rakabganj, P.O., Bhagalpur City, District-Bhagalpur C.O. Office, Jagdishpur, Bhagalpur. 10. Nagendra Prasad Sah, S/o-Shri Bateshwar Sah, R/o Quarter No.13, Jhaua Kothi, P.O. Parikhanjar, District-Bhagalpur, at present posted as Stenographer in the office of Deputy District Commissioner, Collectorate Compound, Bhagalpur. … … Petitioners/Respondents ----------- For the Appellants : Mr. Jagnnth Singh, Advocate For the Respondent Nos. 1 & 2: Mr. Rajesh Kumar Singh, Junior Counsel to Additional Advocate General-II For the Respondent Nos. 3 to 5: Mr. Sanjay Pandey, Advocate For the Respondent No.6 : Mr. Rakesh Kumar, Special P.P. (Vigilance) ---------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ----------- Dated, the 10th November, 2008. The counsel for the appellants submits that the appellants were selectees in the competitive examination and that they were not found to - 3 - have indulged in fraud nor charge-sheeted by the Vigilance Department and, therefore, the cancellation of selection in its entirety including that of the appellants by the Single Judge was not justified. The counsel would also submit that before canceling the selection in entirety no notice of any sort was given in the matter to the present appellants. He would submit that the appellants were not even parties in the writ petition. 2. The contentions of the counsel for the appellants do not deserve to be accepted. In L.P.A. No. 833 of 2008 (Md. Farooquezzaman & Ors. Vs. The State of Bihar & Ors.) wherein the impugned judgment was assailed, we considered the matter thus: - “2. Relying upon the judgment of the Supreme Court in the case of UNION OF INDIA AND OTHERS V. RAJESH P.U., PUTHUVALNIKATHU AND ANOTHER, (2003) 7 SCC 285, the counsel for the appellants submits that the cancellation of selection in its entirety was not proper and the selectees who were unblemished ought to have been separated from the selectees who were found to have indulged in fraud and were charge-sheeted by the vigilance department. 3. In so far as the present case is concerned, the entire selection process has been found to be farcical by the single judge. The whole exercise suffers from organized conspiracy and systematic fraud. The Chairman (present as well as past), three Members and six officials and the staff of the Bihar Public Service Commission were arrested and have been charge- sheeted along with ninety seven selectees. The fraud and mischief played by these people is all- pervasive which has affected the entire selection process. 4. In the back drop of these facts and the situation where the entire selection process is found to be farcical and result of organized conspiracy and systematic fraud, it is neither possible and nor feasible to separate the beneficiaries against whom there may not be any direct evidence of involvement. Even if few selectees (like the petitioners) are assumed to be not tainted, no benefit can be given to them since the factual situation leads to the only conclusion that the entire selection process was founded on mischief, fraud, extraneous consideration and criminal acts. - 4 - 5. The decision of the Supreme Court in the case of RAJESH P.U., PUTHUVALNIKATHU AND ANOTHER does not apply to the fact- situation of the present case. Incidentally, we may note that the counsel for the appellants did not put in issue the legality and correctness of the diverse findings recorded by the single judge that the selection process was farcical and the result of systematic fraud.” 3. For the self same reasons, the appeal is liable to be dismissed and is dismissed in limine. R. M. Lodha, CJ Kishore K. Mandal, J Pawan/-