Sanjeev Prakash Sharma, J. – The petitioner, by way of this writ petition, prayed for quashing the result dated 23.08.2017 with respect to him whereby his earlier result dated 17.05.2017 (Annexure-P4) was modified by the Bihar Public Service Commission (hereinafter referred to as ‘the BPSC’) and one Manish Kumar Jaiswal (respondent No.9) was replaced by him as a successful candidate for appointment as an Assistant Professor, Chemistry for Lalit Narayan Mithila University, Darbhanga and he was ousted from the selection process. Further, he has prayed to declare respondent No.9, namely, Manish Kumar Jaiswal ineligible for consideration as a Backward Category candidate. Alternatively, he further prays to shift respondent No.10, namely, Kumari Priti to the Backward Class Lady category from Backward Category and treat the said Backward Category post for the petitioner for appointment as Assistant Professor in Chemistry in Jai Prakash Narayan University, Chapra where the respondent No.10 has been posted.

2. Brief facts of the case which need to be noticed for the purpose of disposal of this writ petition are that an advertisement was published for appointment to the post of Assistant Professor, Chemistry for various Universities along with other subjects by the BPSC (in 2014). The last date for filling up the form was fixed as 20th November, 2014. All 239 posts were advertised for Chemistry in various categories which were given different codes as UR [01] -121 posts, SC [02] -38 posts, ST [03)- 02 posts, EBC [04]-41 posts, BC [05]-29 posts, BCW [06] -8 posts.

The petitioner applied as a Backward Class Category Code -05. The result was published on 17.05.2017 and 117 candidates were found successful. The petitioner was placed in the merit at Sl. No.15 in the list of Assistant Professors allotted to Lalit Narayan Mithila University with overall merit of 452 in the Code-05 BC Category, the name of respondent No. 9 was shown at Sl. No.45 in the list of Assistant Professors allotted to Magadh University, Bodh Gaya with Code -04 mentioned against him which was meant for an EBC Category candidate while respondent No.10, namely, Kumari Priti was granted placement at Sl. No. 17 in Jai Prakash Narayan University, Chhapra showing her code -05 (BC Category).

The respondent – BPSC sought modification of the result as he was wrongfully shown belonging to EBC whereas he had mentioned his caste as ‘kalwar’ which falls in the BC Category. On the said basis, the result was revised by the BPSC treating him as a BC Category candidate and as the petitioner was having lesser merit than respondent No.9, the petitioner was ousted from the merit, and respondent No.9 was placed in his place. The total number of successful candidates was reduced to 177.

3. As far as respondent No.10 is concerned, she has secured merit position 108 as the last Unreserved Category seat was filled up by a meritorious candidate bearing No.121.

4. In the aforesaid facts, the question which arises before this Court is (i) whether the petitioner has a claim for appointment on the post of Assistant Professor in BC-05 Category; (ii) whether the respondent No.9 could be selected under BC -05 Category when he had mentioned in his original form his category as EBC -04 and whether the BPSC could have shifted him from EBC -04 Category to BC-05 Category resulting in ousting the petitioner; and (iii) whether respondent No.10 who secured merit position 108 and was more meritorious than General Category (Unreserved) should be placed in the BC Category and if she is to be placed in Unreserved Category whether the petitioner has a claim on the BC Category post which would fall vacant on account of her placement in another category.

5. On the aforesaid questions both the learned counsel for the petitioner and the respondent have submitted their arguments and the learned counsel for the petitioner relies on a judgment passed in Saurav Yadav vs. State of U. P reported in (2021) 4 SCC 542 which takes into