IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.345 of 2009 5 20.11.2009 Rajesh Kumar Jaiswal son of Sh. Jai Narayan Jaiswal, Resident of Vill. & P.O. Barmasia Jagarnathpuri, P.S. Katihar, District Katihar ..... (Petitioner) Appellant VERSUS 1. The State of Bihar 2. The Secretary, Department of Personnel, Government of Bihar, Old Secretariat, Patna 3. Chairman, Bihar Public Service Commission, Bailey Road, Patna 4. The Secretary, Bihar Public Service Commission, Bailey Road, Patna 5. Deputy Secretary, Bihar Public Service Commission, Bailey Road, Patna ..... (Respondents) Respondents ------- For the Appellant : Mr Prabhakar Singh, Advocate For the State : Mr Gopal Krishna, AC to GA 9 For the BPSC : M/s Sanjay Pandey & Subodh Chandra Jha, Advocates ------- Heard learned counsel for the appellant, learned counsel for the State and learned counsel for the Bihar Public Service Commission. The Writ Court had dismissed the second writ petition preferred by the writ petitioner on the ground of constructive res judicata, relying upon a Supreme Court judgment. On behalf of the appellant it has been submitted that since he had been granted a liberty at the time of 2 dismissal of his civil review that he may challenge the selection on the basis of information received on 25th April, 2007 i.e. after dismissal of the first writ petition on 16.4.2007, he could maintain the second writ petition and the respondents had lost the right to raise the issue of constructive res judicata. The Writ Court has considered the aforesaid contention in proper perspective and we are also of the view that such observation/ liberty will not bind the other parties and will not deprive them of the valuable rights to defend the writ petition by raising relevant issues such as res judicata or constructive res judicata. We find no error either of facts or law which may require our interference in the matter. The appeal is dismissed. (Shiva Kirti Singh,ACJ) (Shyam Kishore Sharma,J.) sk