Patna High Court has accepted the petition demanding re-test of the 70th combined competitive examination in view of alleged irregularities filed by Jan Suraaj Party of poll strategist Prashant Kishor and it will be taken up for hearing once the court reopens after vacation on January 15.
“The case was mentioned today and the single-judge bench of Justice Arvind Singh Chandel posted it for hearing on January 15. We have prayed for cancellation of exam citing irregularities and direction not to publish result till re-test is held,” said advocate Pranav Kumar.
The petition was filed on Thursday, three days after Kishor was arrested and subsequently granted bail. Pappu Yadav has also given call for Bihar bandh on January 12 and other opposition political parties have extended support to it.
Kishor, presently admitted to Jay Prabha Medanta Super Speciality Hospital, is continuing his hunger strike, which started on January 2, despite his frail health and requests from well wishes and doctors. Doctors said his condition is stable and after significant improvement he has been shifted out of intensive care unit (ICU) to general ward.
“He has been administered intravenous medications and other treatment. However, he remains vulnerable to adverse effect of prolonged fasting and has been advised to resume normal food intake to enhance immunity. Yet, he remains on fast,” said Jai Prabha Medanta Medical director Dr Ravi Shankar Singh.
On Wednesday Jan Suraaj Party president Manoj Bharti met Chief Secretary in a delegation and submitted a memorandum in support of BPSC aspirants with a request that a meeting of a five-member students’ delegation with Chief Minister Nitish Kumar be arranged to get Kishor’s fast broken. One of Jan Suraj Party’s demands includes meeting of a students’ delegation with the CM. But that has also not materalialised so far.
The Jan Suraj’s petition in the HC was filed under Article 226, seeking re-test of the BPSC exam and embargo on publication of result till the re-test is held. The party also issued a communique in this regard with the token number (438/2025).
So far, the BPSC has not given any indication of cancellation of exam, though BJP state chief and minister Dilip Jaiswal did say that the exam could be cancelled if the probe found irregularities. The BPSC conducted re-test for the Bapu centre in Patna at 22 different centres.
Senior advocate and counsel for Jan Suraj, VV Giri said that the petition has narrated in detail the allegations of irregularities by a large number of students and their indefinite strike in Patna, the satyagrah launched by Kishor in their support, while demanding re-test.
On Tuesday, the Supreme Court had refused to hear a petition alleging gross irregularities and demanding BPSC re-examine, saying the petitioners should first approach the High Court under Article 226.
Article 226 of the Constitution of India gives High Courts the power to issue directions, orders or writs (habeas corpus, mandamus, prohibition, quo warranto, and certiorar) to any person or authority, including the government, within the court’s jurisdiction to enforce fundamental and non-fundamental rights provided under Part III of the Constitution, or for any other purpose.
Article 226’s jurisdiction is special and extraordinary, so it should not be used lightly or casually. The remedy under Article 226 is not available for disputes that can be settled through general law, such as civil or criminal remedies.
