BPSC 53-55TH RESULT MODERATION: JUDGMENT RESERVED

 

LATEST: CASE RELATED TO MODERATION HAS BEEN REFERRED TO LARGER BENCH (CONSTITUTION BENCH), WHICH MIGHT COMPRISE HONORABLE THE CHIEF JUSTICE OF PATNA HIGH COURT AS WELL AS TWO OR MORE OTHER JUDGES.

After a long period of hearing, Honorable Justice Dr. Ravi Ranjan has reserved the judgment of the case related to 53-55^th combined competitive mains examination moderation. It was a marathon hearing of almost 15 days. According to the advocate of students Shri Dinu Kumar, who challenged the moderation, case looks like in a favour of students. However it is yet uncertain what judgment will be delivered by Honorable Justice. But at the last day of hearing, BPSC’s advocate and advocate general of Bihar Government Shri Lalit Kishore failed to present any factual basis and proofs in support of BPSC’s moderation process. Despite repeatedly asked to present the methodology on which moderation was done, BPSC counsel didn’t present the methodology applied. It was clear that either BPSC didn’t follow any method or it didn’t want to disclose publically which is obviously strange.  Finally Honorable Justice asked Dinu Kumar whether whole mains examination should be cancelled? However before Dinu Kumar could reply, Justice Dr. Ravi Ranjan said that since process had gone at the extent of interview level, hence it would not be wise to cancel the whole examination. He was little in dilemma as well in a tough position, which he clearly elaborated, but he said that he would do something and find a way which might be a middle path.

Well, this is the situation at present. It is true that publishing of final result has not been stayed. But, at the same time Honorable Judge said that if decision goes against the commission, then whole result, if published, will be quashed. However BPSC's counsel Lalit Kishore said that result will not be published until case is disposed off.

 

It is strange that when interview was going on, students demanded to stay the process until case is disposed off, but Dr. Ravi Ranjan said that no need to stay since commission would not publish the result before disposal of case. Even BPSC counsel agreed with the judge. Let us wait whether oral order is followed or not.

Now going through the whole process and hearing, it is quite clear that BPSC is in defensive mood. During whole hearing process, either BPSC counsel took Passover or said that it had followed UPSC, KPSC, MPSC. However the counsel also said that UPSC process was not followed completely. Honorable Justice Ravi Ranjan asked BPSC repeatedly that just you were saying that you had followed a-b-c-d, but didn't elaborate what you had done? Even at one point of time Honorable Justice commented that BPSC moderation was like “ a farmer is in Punjab and child bore by a letter.” On 6^th July, 2013 Honorable Justice passed a written order and asked BPSC that whether that had followed UPSC moderation or not? But once again BPSC counsel repeated what he had said in earlier hearings. One of the students group advocate Shri Y.V. Giri said that Honorable Patna High Court Double bench had clearly said that rule regarding scaling should be framed within six months, but BPSC didn't make a rule. It is clearly breach of justice and hence whole moderation should be sidelined. Honorable Justice was agree with Girijee and noted some points on his logic. Honorable Justice Dr. Ravi Ranjan clearly said that BPSC moderation is bogus. 

So present scenario could be described as “wait and watch.” According to BPSC fighter group (those fighting against moderation) they are hoping a positive outcome, however not a complete outcome according to their wishes. Yet something is better than nothing. But in the whole proceeding, BPSC moderation’s limitations were exposed. One expects fair play from a constitutional body like BPSC. But only constitutional tag attached doesn’t guarantee fair play. We shouldn't forget that currently one former chairman and two former members of BPSC are in the Jail for malpractices. We shouldn’t also forget that Karnataka Public Service Commission’s recruitment process is under scanner and is being investigated by CID. BPSC is saying that it has followed Karnataka moderation.  What conclusion one can draw from this whole process? You can’t follow quite defined formula of scaling which is followed by all Hindi belt State Public Service Commissions but you are presenting the example of Karnataka which process is under scanner. Decision might go one way or other way but constitutional body like BPSC shouldn’t runway from its responsibilities in the age of right to information.

Here are the possibilities now:

 

1. Whole result will be quashed: (unlikely scenario since Judge said that pass students interest should also be minded)
2. Petitioners will be allowed: (Unlikely since final result is yet to be published and overlooking higher marks is not possible)
3. Result will be published without moderation and those coming above earlier cut off will be called for interview: (Most likely scenario)
4. Petition will be dismissed: (Unlikely since Honorable Judge has said that bpsc didn’t followed the procedures, it was on wrong foot, BPSC’s fault has been exposed and proved)
5. Scaling should be followed instead of moderation (Quite unlikely since it will revamp whole result).

One is free to take position in this scenario. Decision is likely to be delivered next week. Till then wait and guess.