New Delhi: The Supreme Court on Tuesday declined to entertain a plea seeking cancellation of the 70th Combined Competitive Exams (preliminary), conducted by the Bihar Public Services Commission (BPSC), on grounds of an alleged paper leak.
The plea filed by Anand Legal Aid Forum Trust came up before a bench led by Chief Justice of India Sanjiv Khanna. The bench, also comprising justices Sanjay Kumar and K V Viswanathan, asked the petitioner to move the Patna High Court under Article 226 jurisdiction.
The petitioner’s counsel submitted that everybody saw how the Bihar Police had brutally lathi-charged the protestors. The counsel, emphasizing on the issue of paper leaks and malpractices in competitive exams, contended that this has become a routine, the manner in which paper leaks are happening.
The bench, which appeared not keen on entertaining the petition, told the counsel that the apex court cannot be the court of first instance, as no plea has been filed in the high court in connection with the alleged paper leak. The bench said it will not comment on the merits of the matter.
The bench said it will be appropriate and more expeditious that the petitioner approaches the Patna High Court by way of a petition under Article 226, while declining to entertain the petition.
It was submitted before the bench that the lathi charge took place at a site near the residence of the chief justice of the high court and the court could have taken suo motu cognisance of the matter.
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