Abhay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5642 of 2025 ====================================================== 1.

Abhay Kumar S/o Late Ram Anurag Singh, Currently Resident of Bela Chapra, Ward - 49, PO- M.I.C, Bela, District - Muzaffarpur, Bihar, Permanent Address Village - Chaknasir, P.O.- Sukki, P.S. - Patepur, District - Vaishali.

2.

Sonali Mazumdar, D/o Late Rebati Charan Mazumdar, Resident of Islampur Road, Muzaffarpur, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Department of Education, Government of Bihar, Patna.

2.

Bihar State University Service Commission, Through its Chairman, Patna, Bihar.

3.

The Secretary, Bihar State University Service Commission, Patna, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar, Advocate For the Respondent/s :

Mr. Mujtabaul Haque, GP-12 Mr. Pranoy Kumar, AC to GP-12 For the BSUSC :

Mr. Harsh Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER 08-04-2025 The petitioners, two in numbers, have filed this writ petition with the following prayers:- "... a) To Issue a writ of mandamus or any appropriate writ, order, or direction directing the Respondents to rectify the Petitioners' scores and award them the due marks for research publications, thereby restoring their total scores to 86.

b) To direct the Respondents to include the Petitioners' names in the list of shortlisted candidates for the interview for the post of Assistant Professor in Geography

Patna High Court CWJC No.5642 of 2025(2) dt.08-04-2025 2/3 and allow them to appear for the interview.

c) To declare that the Respondents'

action of arbitrarily reducing the Petitioners' marks in unconstitutional, illegal, and violative of Articles 14 and 16 of the Constitution of India..."

2. It has been submitted by the learned counsel for the Bihar State University Service Commission/ respondent Nos. 2 & 3 that the interview for the post of Assistant Professor, Geography, pursuant to an advertisement dated 21.09.2020, has been held on and from 23.10.2024 to 26.10.2024 and the result there of has also been published on 27.10.2024.

3. In view of the aforesaid submissions made by the learned counsel for the Bihar State University Service Commission, I am of the view that no relief, as prayed for by the learned counsel for the petitioners, can be granted to the petitioners, in the facts and circumstances of this case.

4. In that view of the matter, this writ petition is hereby disposed off with a liberty to the petitioners to file a fresh writ petition, if so advised, challenging the select list dated 27.10.2024 for the post of Assistant Professor, Geography and also by impleading the selected candidates as party respondents, as well as all necessary parties, for determination of the issues

Patna High Court CWJC No.5642 of 2025(2) dt.08-04-2025 3/3 that may be raised by the petitioners in the writ petition, that may be filed.

(Nani Tagia, J) Nishant/- U