IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.906 of 2009 1. AJAY KUMAR, S/o Late Awadhesh Singh, Vill. & P.O. Bakhtiyarpur, Dist.- Patna 2. Sunil Kumar, S/o Sri Lala Lakhan Prasad, Suchi Complex, Block-B, 101, Patel Path (Mazar Ki Gali), Shekhpura, Patna-14 3. Prabhas Kumar, S/o Late Balgovind Prasad Choudhary, vill. Dhawaja Pali, Post- Sultanganj, District Bhgalpur 4. Mohan Kumar Sinha, S/o Raghav Prasad, Vill.- Yadavpur Nanhkar, Post Karmawan, P.S. Dhaka, District East Champaran 5. Deepak Kumar Sinha, S/o Late Naresh Kumar Sinha, Naresh Kutir, Ranighat, Mahendru, Patna 6 6. Keshav Prasad, S/o Late K.D.Singh, Village and Post Jailgora, District Dhanbad (Jharkhand) 7. Ramautar Prasad, S/o Wisheshwar Prasad, Vill.- Kanchanpur, P.S. Deep Nagar, District Nalanda 8. Narayan Das, S/o Late Ras Bihari Das, Vill. & P.O. Maheshpur, Via Teghra, P.S. Bhagwanpur, District Begusarai 9. Sushil Kumar Singh, S/o late Shiv Kumar Singh, Vill.- Rasalpur, P.O. Oriyawan, P.S. Ekangar Sarai, District Nalanda 10. Gorakh Nath Singh, S/o Late Dina Nath Singh, Vill.- Purainia, P.O. Neora, P.S. Bihta, District Patna 11. Bharat Bhushan Sahay, S/o Sri Ayodhya Nath, Vill.- Manipur, P.O. Dullupur, P.S. Brahampur, District Buxar 12. Sunil Kumar Sinha, S/o Late Shiv Nandan Prasad, Moh.- Kadamkuan, Opp. Pani Tanki, C/o Late Bindeshwar Prasad, P.O. Kadamkuna, District Patna-3 13. Vinod Kumar Singh, S/o Late Dashrath Singh, Vill.- Dhamdiha, P.S. Koilwar, District Bhojpur 14. Md. Danish, S/o late Md. Ghassan, Moh.- Dargah Shah Arzan, Neemtal, Sultanganj, P.O. Mehedru, District Patna-6 15. Ganesh Prasad, S/o Late Dadul Ram, Vill.- Biseni Khurd, P.O. Kharari, P.S. Nokha, District Rohtas (Sasram) 16. Arun Kumar Sinha, S/o Devendra Prasad Singh, Vill.- Wedaulia, P.O. Anirudh Belsar, P.S. Belsar, District Vaishali 17. Santosh Kumar Nandkuliyar, S/o Sri Nand Kumar Nandkuliyar, 34, R.S. Mishra Path, Near Triveni Apartment, East Boring Canal Road, Patna-1 18. Shiv Kumar Prasad, S/o Baleshwar Matho, Vill.- Rajakuan, P.O. Bihar Sharif, District Nalanda 19. Nand Kishor Prasad, S/o Late Rama Nand Prasad, Ram Janki Chouraha, Diwan Mohalla, P.S. Khajkalan, Patna City, Dist.- Patna 2 20. Umesh Ranjan Dev, S/o Rooplal Rawidas, Vill.- Kharuara, P.O. Chero, P.S. Harnauth, District Nalanda 21. Thakur Ramshish Prasad, S/o Sri Raghvir Prasad, Vill & P.O. Nadual, P.S. Masaurhi, District Patna 22. Pradeep Kumar, S/o Ramawatar Prasad, Bihar New Market Pulapar, P.S. Bihar Sharif, District Nalanda 23. Kalanand Singh, S/o late Ram Kishun Singh, West Shirwa, P.S. Simraha, District Araria 24. Vijay Kumar, S/o Sri Ram Prawesh Prasad, Vill & P.O. Lala Bhadsara, P.S. Dulhin Bazar, District Patna 25. Sanjay Kumar, S/o late Medni Prasad Singh, Vill & P.O. Malda, P.S. Barbigha, District Shekhpura 26. Vijay Kumar, S/o late Ramsewak Singh, Vill Maksudpuri, P.S. Fataua, Patna 27. Surya Narayan Singh, S/o Ramji Prasad Singh, Vill & P.O. Darura, P.S. Noorsarai, District Nalanda 28. Ajay Kumar, S/o Sri Radhe Choudhary, Moh. Baignabad, P.O. Bihar Sharif, District Nalanda 29. Sheela Kumari, W/o Arvind Prasad Yadav, Officer of the Dy. Labour Commissioner, Purnia 30. Yudnath Singh, S/o Gorakh Singh, At Baily Road, P.S. Danapur, Patna 31. Shayam Narayan Singh, S/o Ram Sagar Singh, vill Gurua, P.S. Gurua, District Gaya 32. Maruti Kumar Gupta, S/o Madan Lal Gupta, Moh Panch Mandir Road, P.S. & Dist. East Champaran 33. Ram Briksha Kumar, S/o Late Saudhal Rajak, Vill & P.O. Ratwara, P.S. Kalyanpur, District Samastipur 34. Anil Bhardwaj, S/o late Ram Lakhan Singh, Vill & P.O. Sarsu, P.S. Atri, District Gaya 35. Syed Khurshid Anwar, S/o Syed Gulamul Hussain, Block Office Sugauli, P.S. Sugauli, District East Champaran 36. Naushad Ahmad, S/o Late Md. Sajjad Ahmad, Mohalla Nadraganj, Ramsagar Road, P.O. & District Gaya 37. Sanjay Kumar Sinha, S/o late Harihar Pd. Sinha, vill Butijalagar, P.S. & District Ranchi (Jharkhand) 38. Ranjeet Kumar Sinha, S/o Rajkishor Pd. Sinha, vill Barmashiya, P.S. & District Deoghar (Jharkhand) 39. Dinesh Kumar, S/o Sri Hari Das, vill Dalisaman Chak, P.O. Bhatgaun, District Patna 40. Md. Noor Alam, S/o late Md. Shahid, vill Shital Bari Semrahni, P.O. Serhawa, District west Champaran 41. Awadhesh Kumar Singh, S/o late Khedan Singh, At Aslempur, P.O. Chouri, P.S. Daudnagar, District Aurangabad 3 42. Subhas Chandra Choudhary, S/o Sri Jamadar Choudhary, vill Bargachhia, P.O. & P.S. Uchkagaon, District Gopalganj 43. Vimal Kumar, S/o late Harish Chandra Prasad, Collectorate Bettiah 44. Md. Imteyaz Khan, S/o Md. Abdul Khan, At Bantara House, P.S. & District Gaya 45. Safdar Imam, S/o late Md. Hasibuddin, Vill Pakribrawan, District Nawada 46. Md. Adibuddin, S/o late Md. Inamul Haque, vill Kaitha, P.O. Dhamaol, District Jamui 47. Ashok Kumar, S/o Chandrika Prasad, At Vijay Nagar, P.S. Patrkar Nagar, District Patna 48. Rajeshwar Kumar Sharma, S/o Prem Chand Prasad, At Chaili Tand, P.S. Gulzar Bagh, District Patna 49. Satrudhan Ram, S/o Sri Ram Sharestha Ram, vill Khopi, Block Rami Saidpuri, District Sitamarhi 50. Binod Kumar, S/o Ram Brikchh Roy, vill Parihar, P.S. Parihar, District Sitamarhi 51. Deepak Sah, S/o late Tufani Sah, vill Mejarganj, District Sitamarhi 52. Shri Niwas Singh, S/o Raghu Nath Singh, vill Majhghat, District Gopalganj 53. Shyam Chandra Bhagat, S/o late Sargijit Bhagat, vill Rohua, P.O. Block Sonbarsa, District Sitamarhi 54. Ram Chandra Mandal, S/o late Bhola Mandal, vill Shankar Rohar, P.S. Baheri, District Darbhanga 55. Mitali Chokravorty, W/o Sri Dewashish Chokravorty, Near Shikariya More, P.S. Rampur, District Gaya 56. Tapeshwar Singh, S/o Raghu Nandan Singh, vill Dasarath Bigha, P.S. Raliganj, District Aurangabad 57. Binod Prasad Karan, S/o late Rajendar Pd. Verma, Res. of Moh Shashtrinagar, Opp. Jail Press, P.S. Rampur, District Gaya 58. Shyam Nandan Singh, S/o Sri Rameshwar Singh, vill Gawashpur, P.S. Harpura, District Aurangabad … Appellants. Versus 1. THE STATE OF BIHAR through its Chief Secretary, Govt. of Bihar, Patna 2. Secretary, Personnel and Administrative Reforms Department, Govt. of Bihar, Patna 3. Bihar Public Service Commission through its Secretary, Baily Road, Patna 4. Chairman, Bihar Public Service Commission, Baily Road, Patna 4 5. Controller of Examination, Bihar Public Service Commission, Baily Road, Patna 6. The Vigilance Investigation Bureau, Govt. of Bihar, through the A.D.G. Vigilance 7. The Acting Chairman, B.P.S.C. Baily Road, Patna 8. Sunil Kumar Sinha, S/o Sri Braj Kishore Prasad, C/o Chandra Mohan Prasad, Advocate, Moh Manikpur, P.O. Mirjanhat, Bhagatlpu-5, DRDA Office, Collectorate Compound, Bhagalpur 9. Vishwajeet Kumar, S/o Late Man Mohan Prasad, Res. of Moh Kharmanchak, Lalpatpark, Bhagalpur, S.D.O. Sadar Office, Bhgalpur, Res. of vill Urdu Bazar (Rekabganj) P.O. Bhagalpur City, District Bhgalpur, Co. Office Jagdishpur, Bhagalpur 10. Nagendra Prasad Sah, S/o Sri Bateshwar Sah, Res. Q.No. 13, Jhauwa Kothi, P.O. Bari Khanjanpur, District Bhagalpur at present posted as Steno in the office of Deputy Development Commissioner Collectorate Compound, Bhagalpur 11. Prakash Chandra Ravidas, S/o Sant Lal Ravidas, vill urdu Bazar (Rekabganj) P.O. Bhagalpur, District Bhagalpur, C.O. Jagdishpur, Bhagalpur Respondents. ----------- 4. 27.1.2010 Heard Mr. Abhay Kumar Singh, learned Senior counsel appearing on behalf of the appellants, who very fairly submits that against the same impugned judgment of the learned Single Judge dated 12.9.2008 passed in C.W.J.C.No. 7725/2005 and its analogous batch of writ petitions two appeals, namely, L.P.A.No. 833/2008 and L.P.A.No. 812/2008 have been already disposed of without interfering with the impugned judgment. This Court on perusal of L.P.A.No. 833/2008 finds that a Division Bench of this Court had dismissed 5 the appeal by an order dated 24th October, 2008 wherein it was observed that: “ 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 the entire selection process was founded on mischief, fraud, extraneous consideration and criminal acts. 5. The decision of the Supreme Court in the case of RAJESH P.U.. 6 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.” Yet again the Division Bench in the second appeal, L.P.A.No. 812/2008 having noted the observations and the result of L.P.A.No. 833/2008 had again dismissed the same wherein it was additionally recorded that: “ 5. As a matter of fact, the appellants in that appeal were the selectees, who were not fond to have indulged in fraud nor were charge- sheeted by the Vigilance Department. In the present case, admittedly, the appellants have been charge-sheeted and a criminal case is pending against them. The counsel would, however, submit that the Single Judge was not justified in directing that the charge- sheeted employees shall not be entitled to consideration and appointment. In our view, in a situation like this, where the appellants are facing the criminal case for being privy to cheating and large scale fraud in the 7 Surendra/ process of competitive examination, until they are acquitted honorably, they would not be entitled for consideration for appointment. 6. It is pertinent to notice here that out of 184 selectees, 97 selectees have been charge- sheeted under diverse provisions of Indian Penal Code. That shows enormity of fraud and cheating having taken place in the selection process. The cancellation of selection process in its entirety, thus, cannot be faulted.” In the considered opinion of this Court whatever has been raised in this appeal stands covered and settled in the aforementioned two orders of this Court dated 24.10.2008 in L.P.A.No. 833/2008 and the subsequent order dated 10.11.2008 in L.P.A.No. 812/2008 and therefore, we find that this appeal also must meet the same fate. Consequently, this appeal is also disposed of in the terms of the order dated 24.10.2008 in L.P.A.No. 833/2008 and the order dated 10.11.2008 in L.P.A.No. 812/2008. (Dipak Misra,C.J.) (Mihir Kumar Jha,J.) 8