Dr. Suresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3983 of 2025 ====================================================== Dr. Suresh Kumar S/o Agam Lal Yadav, Resident of Anand Vihar, Ward No.2, P.S. Madhepura, District - Madhepura.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Department of Education (Higher), Government of Bihar, Patna.

3.

The Director, Higher Education, Department of Education, Government of Bihar, Patna.

4.

The Bihar State University Service Commission, through the Chairman, 8th Floor, BSEB Building (Admin Block), Budh Marg, Patna, Bihar. 5.

The Secretary, Bihar State University Service Commission, 8th Floor, BSEB Building (Admin Block), Budh Marg, Patna, Bihar. 6.

Ajeet Kumar UID No. AJE13031983 GEO0045724, placed at Sr. No.15 under BC Male Category in Merit list published under Notice dated 27.10.2024 and University Allotment Notice dated 28.10.2024, through the registrar, B.N.M.U., Mdhepura 852113.

7.

Surendra Kumar having UID No. SUR14061969 GEO0054953 at Sr. No.16, under BC Male Category in Merit list published under Notice dated 27.10.2024 and University Allotment Notice dated 28.10.2024. Through the registrar, Purnea University, Purnea 854301.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate Ms. Rashmi Kumari, Advocate Ms. Damini, Advocate For the State :

Mr. Government Pleader (20)3 For the Commission :

Mr. Binod Jee Verma, Advocate Mr. Tej Pratap Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER 17-03-2025 Heard learned counsel for the parties.

2. The petitioner is seeking a direction to the respondents for his selection as Assistant Professor (Geography) pursuant to the selection held in terms of advertisement dated 21.09.2020, issued by the Bihar State University Service

Patna High Court CWJC No.3983 of 2025(2) dt.17-03-2025 2/3 Commission under Backward Class category. In this regard, the petitioner has put to challenge the result published on 27.10.2024, pursuant to a selection held in terms of advertisement dated 21.09.2020, whereby, as many as 142 candidates which also includes candidates belonging to Backward Class category for the post of Assistant Professor (Geography) have been selected.

3. It is the pleaded case of the petitioner that though the petitioner belongs to Backward Class category but at the time of filling of the online application for the post of Assistant Processor (Geography) in terms of advertisement dated 21.09.2020, his candidature was shown to be a General category candidate due to mistake of the cyber cafe operator.

4. Clause 8.3.5 of the advertisement dated 21.09.2020, issued by the Bihar State University Service Commission, clearly provided that the candidates of reserved categories, shall mark the category under which reserved category the candidates belong to, for the purpose of availing benefit of reservation. It has been further provided therein that the benefit of reservation shall not be given if a wrong category of reservation has been marked by the candidate.

5. Since, it is the petitioner's own admitted case that

Patna High Court CWJC No.3983 of 2025(2) dt.17-03-2025 3/3 he had offered his candidature for consideration as general category candidate, may be due to the mistake of the cyber cafe operator, the Bihar State University Service Commission could not have considered the petitioner's selection in the Backward Class category candidates.

6. Under the circumstances, I am of the view that no fault can be found with the selection made by the Bihar State University Service Commission leading to publication of the impugned select list dated 27.10.2024.

7. The writ petitioner is, accordingly, dismissed being devoid of merit.

(Nani Tagia, J) Siddharth Sagar/- U