Dismissed¶27

Dr. Suresh Kumar v. The State of Bihar

Patna HC17 Mar 2025CWJC/3983/2025

Case brief

AI extract

What is this about?

Assistant Professor (Geography) recruitment; Bihar State University Service Commission; advertisement dated 21.09.2020; Clause 8.3.5; wrong category marked in online application; cyber cafe operator mistake; General vs Backward Class category; merit list Notice dated 27.10.2024; University Allotment Notice dated 28.10.2024; 142 candidates selected; select list dated 27.10.2024 challenged; reservation benefit denied; writ petition dismissed.

What did the court decide?

Clause 8.3.5 of the advertisement dated 21.09.2020 issued by the Bihar State University Service Commission clearly required reserved category candidates to mark their category to avail the benefit of reservation, and provided that the benefit of reservation shall not be given if a wrong category of reservation has been marked by the candidate. ¶22

Dr. Suresh Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶27

Issue for consideration

Whether the petitioner, who admittedly offered his candidature as a General category candidate (allegedly due to a mistake by the cyber cafe operator), could be considered for selection under the Backward Class category for the post of Assistant Professor (Geography). +1 more

¶21

Court's answer

¶22

Ratio / Principle

Since it was the petitioner's own admitted case that he had offered his candidature for consideration as a general category candidate, even if due to the mistake of the cyber cafe operator, the Commission could not have considered the petitioner's selection among the Backward Class category candidates.

¶25

Key takeaways

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.ratio¶26

Detailed headnote1 paragraphs

Patna High Court, CWJC No.3983 of 2025, decided 17-03-2025 by Nani Tagia, J. (oral order) — Recruitment of Assistant Professor (Geography) by the Bihar State University Service Commission under advertisement dated 21.09.2020; petitioner, though belonging to the Backward Class, had applied as a General category candidate allegedly due to a cyber cafe operator's mistake; Clause 8.3.5 of the advertisement stipulated that the benefit of reservation shall not be given if a wrong category has been marked; held that the Commission could not have considered the petitioner under the Backward Class category and that no fault could be found with the impugned select list dated 27.10.2024 (142 candidates selected, including BC category); writ petition dismissed as devoid of merit.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3983 of 2025

¶2

======================================================

¶3

Dr. Suresh Kumar S/o Agam Lal Yadav, Resident of Anand Vihar, Ward No.2, P.S. Madhepura, District - Madhepura.

¶4

... ... Petitioner/s

¶5

Versus

¶6

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

¶7

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

¶8

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

¶9

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

¶10

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

¶11

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.

¶12

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.

¶13

... ... Respondent/s

¶14

====================================================== 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 ======================================================

¶15

CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER

¶16

2 17-03-2025 Heard learned counsel for the parties.

¶17

The petitioner is seeking a direction to the

¶18

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

¶19

Patna High Court CWJC No.3983 of 2025(2) dt.17-03-2025 2/3

¶20

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.

¶21

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.

¶22

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.

¶23

Since, it is the petitioner’s own admitted case that

¶24

Patna High Court CWJC No.3983 of 2025(2) dt.17-03-2025 3/3

¶25

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.

¶26

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.

¶27

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

¶28

(Nani Tagia, J)

¶29

Siddharth Sagar/-

¶30

Dr. Suresh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dr. Suresh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Mahendra Prasad Vs The Union of India

Veena Kumari Vs The State of Bihar through the Principal Secretary, Education Department, Govt. of Bihar

Manju Kumari Vs The State of Bihar

Bhawna Vs Bihar State University Service Commission

Khushboo Kumari Vs The State of Bihar

Md. Manzar Alam Vs The State of Bihar