Md. Najmul Hoda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10631 of 2024 ====================================================== Md. Najmul Hoda Son of Md. Tamizuddin, resident of Mohalla - Imampur, P.O. and P.S.- Habibpur, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Education Department, Government of Bihar, Patna.

2.

The Additional Chief Secretary, Education Department, Government of Bihar, Patna.

3.

The Bihar State University Service Commission through the Secretary, 8th Floor, Bihar School Examination Board, Academic Building, Buddha Marg, Patna - 800001.

4.

The Chairman, Bihar State University Service Commission, 8th Floor, Bihar School Examination Board, Academic Building, Buddha Marg, Patna - 800001.

5.

The Secretary, Bihar State University Service Commission, 8th Floor, Bihar School Examination Board, Academic Building, Buddha Marg, Patna - 800001.

6.

The Controller of Examination, Bihar State University Service Commission, 8th Floor, Bihar School Examination Board, Academic Building, Buddha Marg, Patna - 800001.

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

For the Petitioner/s :

Mr. Ashhar Mustafa For the Respondent/s :

Mr. Standing Counsel (5) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-08-2025

1. Heard learned counsel for the parties concerned.

2. In pursuance of the advertisement published by the Bihar State University Service Commission (hereinafter referred at as Commission), the petitioner applied for the post Assistant Professor in the subject of Mathematics.

3. The Commission issued notice, dated 30.04.2024, by which the Commission informed that the petitioner has

Patna High Court CWJC No.10631 of 2024(4) dt.05-08-2025 2/3 been disqualified to participate in the selection process as he, being a candidate from EBC-Male category, has failed to deposited requisite fee with the application form. The EBC-Male category candidates, as per the advertisement, were required to deposit Rs. 300/- as fee, whereas, the petitioner has deposited only Rs. 75/-.

4. Learned counsel for the petitioner submits that in the notice, dated 30.04.2024, the candidates were given opportunity to file their objection, which would be evident from the paragraph-14 of the notice. The petitioner submitted his objection through e-mail on 01.05.2024 and 03.05.2024, along with statement of his bank account, which shows that the petitioner transferred Rs. 450/- instead of Rs. 300/- by six transactions on 24.10.2024 in favour of the Bihar State University Service Commission.

5. In the aforesaid background, the petitioner filed the present writ application and this Court vide its order, dated 18.07.2024, permitted the petitioner to appear in the interview on the scheduled date. The petitioner appeared in the interview on scheduled date, but his result has not been published due to pendency of this writ application.

Patna High Court CWJC No.10631 of 2024(4) dt.05-08-2025 3/3

6. On the other hand, learned counsel for the Bihar State University Service Commission argued that the petitioner was allowed to participate in the interview subject to the final outcome of this case and unless this Court directs for publication of result of the petitioner, it is difficult on the part of the Commission to publish the result of the petitioner.

7. Considering the submissions advanced by the parties and taking into account the nature of dispute and the fact that before the last date of submission of application form, the petitioner deposited requisite fee as per the advertisement, I direct the Bihar State University Service Commission to publish the result of the petitioner within a period of two weeks from today.

8. With the aforesaid observation and direction, this writ application is, accordingly, disposed.

(Anil Kumar Sinha, J) ashwani/- U