B. Noorjahan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6313 of 2025 ====================================================== B. Noorjahan Wife of Md. Naushad Ansari Resident of Sobrati Monin Lane, Near Masjid, Bari Khanjarpur, Police Station- Barari, District- Bhagalpur. ... ... Petitioner/s
Versus
1.
The State of Bihar through Principal Secretary, Education Department, Government of Bihar, Patna.
2.
The Principal Secretary, Education Department, Government of Bihar, Patna.
3.
The Bihar State University Service Commission, 8th Floor, Bihar School Examination Board Academic Building, Budha Marg, Patna, 800001, through its Secretary.
4.
The Chairman, Bihar State University Service Commission, 8th Floor, Bihar School Examination Board Academic Building, Budha Marg, Patna, 800001. 5.
The Secretary, Bihar State University Service Commission, 8th Floor, Bihar School Examination Board Academic Building, Budha Marg, Patna, 800001. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dinanath Yadav, Advocate For the Res./s :
Mr.Harsh Singh, Advocate For the Respondent/s :
Mr.Prashant Pratap, GP 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-04-2025 Heard Mr. Dinanath Yadav, learned counsel appearing on behalf of the petitioner; Mr. Harsh Singh, learned counsel for the respondents and Mr. Prashant Pratap, learned GP 2 for the State.
2. The petitioner in paragraph no. 1 of the present writ petition has sought inter alia following relief(s), which is reproduced hereinafter:- "(i) For issuance of an appropriate writ/order/direction declaring the actions of the respondents not publishing the result after selection
Patna High Court CWJC No.6313 of 2025(2) dt.17-04-2025 2/3 process in favour of EBC (Female) category in spite of vacancies shown in the advertisement for this category.
(ii) For issuance of an appropriate writ/order/direction that petitioner being a candidate/applicant of EBC (Female) category has been deprived her result after interview for appointment on the post of Assistant Professor in subject Sociology in pursuance of Advertisement No.AP-Soci-17/20-21 for which category 7 post were shown to be filled up from the candidate of petitioner category but no result has been shown against the category of the petitioner.
(iii) For issuance of appropriate writ/order/direction that the petitioner has been kept outside the zone of the appointment on the post of Assistant Professor in the subject Sociology on the basis of not allotting marks against all five articles in arbitrary minor though petitioner was entitle for 10 marks under aforesaid head as per the Advertisement No.APSoci-17-20-21. (iv) For issuance of an appropriate writ/order/direction to publish the final result of the petitioner after addition of 10 marks of the articles and petitioner may be selected and appointed on the post of Assistant Professor in subject Sociology in pursuance of Advertisement No.AP-Soci-17-20-21. (v) For issuance of an appropriate writ/order/direction granting any other relief or reliefs for which the petitioner is found entitled.
3. It appears that the Chairman of the Bihar State University Service Commission (hereinafter to be referred as the 'Commission') and the functionaries of the Commission have not understood the law laid down by the Apex Court and the mandate of Article 15 of the Constitution of India, which provides for horizontal reservation in the case of the petitioner. There are seven vacancies and the result for the same has not
Patna High Court CWJC No.6313 of 2025(2) dt.17-04-2025 3/3 been published till date.
4. This Court has no alternative than to direct the Chairman of the Commission to abide by the constitutional provisions and the terms and conditions of the advertisement by publishing the result without any delay.
5. With the above observation/direction, the present writ petition stands disposed of.
(Purnendu Singh, J) chn/- U