
HC asks BPSC to pay Rs20L compensation for illegal disqualification
2
Patna: The
Patna high court
, in a recent verdict, directed the
Bihar Public Service Commission
(BPSC) to pay Rs 20 lakh in compensation to a candidate who was "maliciously" disqualified from the recruitment process for lecturers in Bihar.
In a strongly worded judgment, the court held that the commission had abused its authority by rejecting the petitioner's legitimate claim of permanent disability while accepting the candidature of another candidate with an invalid certificate. The single-judge bench of Justice Purnendu Singh, while allowing the writ petition filed by one
Durgesh Kumar
, delivered the ruling on April 28. The verdict entered the public domain after it was uploaded to the high court's website on Saturday evening.
The court also imposed a cost of Rs 20,000 on the commission for publishing the result of a candidate whose disability certificate was found to be legally invalid, thereby unjustly outweighing the petitioner's legitimate and bona fide claim.
Representing the petitioner, advocate Shankar Kumar Thakur argued that the case pertained to the selection of music lecturers in various universities in Bihar against 26 posts reserved for persons with disabilities, as advertised by BPSC in 2020.
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Durgesh Kumar had applied under the visually impaired category, submitting a certificate confirming permanent disability due to binocular vision impairment. However, his merit score was shown to be lower than that of another candidate, Kamlendra Prasad, who held a temporary disability certificate, which was found to be legally invalid in light of the eligibility norms set out in the original advertisement.
"This is a clear-cut case of discrimination," argued Thakur.
The court observed that the commission's actions were "malicious and an abuse of powers" as granted under the Constitution of India. Accordingly, Justice Singh directed the state govt and the BPSC to appoint the petitioner to the post of lecturer in vocal music (arts and crafts) within eight weeks.
In addition, the high court instructed the BPSC chairman to initiate an internal inquiry into the role of commission members and staff involved in the matter. The chairman was also directed to recover the entire compensation amount from the erring officers responsible for the wrongful denial of employment to the petitioner.
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