IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.770 of 2005 1. PRADIP KUMAR SON OF SRI MAHAVIR PRASAD SAHU, RESIDENT OF VIJAY MEHTA LODGE, SANDALPUR ROAD, MAHENDRU, P.S. MAHENDRU, DISTRICT PATNA. 2. ABINASH KUMAR VERMA SON OF LATE MURARI PRASAD, CHITRAGUPTNAGAR, P.S. PATRAKARNAGAR (KANKARBAGH),DISTRICT PATNA. 3. DUTTA SON OF SRI A.G. DUTTA, RESIDENT OF ADARSH COLONY, WEST PATEL NAGAR, P.S. SHASTRINAGAR, DISTRICT PATNA --- APPELLANTS. Versus 1. AMLESH KUMAR SINGH SON OF SRI MANOJ KUMAR SINGH, RESIDING AT NEAR TRIVENI APARTMENT, EAST BORING CANAL ROAD, PATNA, P.S. BUDDHA COLONY, DISTRICT PATNA. 2. VAIBHAV KUMAR SINGH, SON OF SRI DINA NATH SINGH, RESIDING AT MOHALLA PATEL NAGAR, P.S. SHASTRINAGAR, DISTRICT PATNA. 3. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, OLD SECRETARIAT BUILDING, PATNA. 4. THE BIHAR PUBLIC SERVICE COMMISSION THROUGH ITS SECRETARY, 15- JAWAHAR LAL NEHRU MARG, BAILEY ROAD, PATNA. 5. THE CHAIRMAN, BIHAR PUBLIC SERVICE COMMISSION, 15-JAWAHAR LAL NEHRU MARG (BAILY ROAD), PATNA. 6. THE CONTROLLER OF EXAMINATION, BIHAR PUBLIC SERVICE COMMISSION, 15-JAWAHAR LAL NEHRU MARG ( BAILY ROAD ), PATNA. --- RESPONDENTS. ----------- 8/ 27-08-2010 None appears on behalf of the appellants. Heard Mr. Rajesh Kumar Singh, learned Assistant Counsel to Additional Advocate General No.2, for respondent no.3, and Mr. Mithilesh Prasad for respondent Nos. 4, 5, and 6. 2. This appeal under Clause 10 the Letters Patent of the High Court of Judicature at Patna raises a grievance with respect to the order dated 12.05.2005, passed by a learned Single Judge, whereby C.W.J.C. No.15857 of 2004, and C.W.J.C. 2856 of 2005, were disposed of. 2 3. We have perused the material of record and considered the submissions of learned counsel for the respondents. We find it difficult to entertain this appeal because these appellants were not parties to the writ petitions. It is doubtful whether such an appeal at the instance of persons who were not parties to the impugned order, can maintain this appeal. Secondly, it relates to the Preliminary Test of 46th Combined Competitive Examination, conducted by the Bihar Public Service Commission. The writ petitioners had raised grievances before the learned Single Judge that certain questions, and certain suggested answers, were incorrect. The learned Single Judge with consent of parties, examined each and every allegedly defective question, and the suggested answers, and either approved them, or directed the same to be deleted. Revaluation was done in accordance with directions of the Court. The relevant portion of the order of the learned writ Court is reproduced herein below : “This Court has gone through all the questions and model answers providing by BPSC and the order is being passed on the basis of booklet having series `B’. Rest has to be worked out by the B.P.S.C., i.e., regarding locating the answers in other series to those questions and deleting them. It is, thus, ordered that the B.P.S.C. in view of the direction as given above shall delete those questions, which have been directed to be deleted and after deleting the same, the marks obtained by the candidates in the Preliminary Test on the basis 3 of the remaining questions be calculated and proceeded accordingly. The court has entered into the aforesaid exercise in view of the agreement between the parties that if the court feels inclined and finds such questions wrong, they would be making necessary correction. As it has already been contended that even 47th combined competitive examination has already been held, let the B.P.S.C. proceed accordingly so that the Mains and other formalities are completed.” 4. It thus appears to us that the learned Writ Court, with consent of the parties, examined the particular questions & answers, and passed orders by way remedial measures. We entirely agree with the approach of the learned Writ Court. Secondly, it relates to the 46th Competitive Examination, whereas the examination for the 52 competitive examinations has already been held. 5. In that view of the matter, we do not find any ground for interference with the order of the learned Writ Court. This appeal is accordingly dismissed. BTiwary/ ( S. K. Katriar, J ) ( Birendra Prasad Verma, J.)