Anil Kumar Sinha, J.—Heard Mr. Arjun Kumar, learned counsel for the petitioner, Mr. Prabhakar Jha, learned G.P.-27 for the State and Mrs. Namrata Mishra, learned counsel appearing for the Bihar Animal Sciences University.

2. Dissatisfied with his non selection/appointment on the post of Assistant Professor Cum Junior Scientist in the department of Fish Processing Technology in the college of Fisheries, Kishanganj, under the Bihar Animal Sciences University, Patna, in short (BASU) under the reserve category of extremely backward class and/or Physically Handicapped (Divyang), the petitioner has filed the present writ application for a direction to the respondents to appoint the petitioner on the vacant post of Assistant Professor cum Junior Scientist under the appropriate category.

3. The Bihar Animal Sciences University, Patna, invited on-line applications sometime in February 2020 from eligible candidates for appointment on the post of University Professor cum Chief Scientists, Assistant Professor cum Senior Scientists and Assistant Professor cum Junior Scientist from eligible candidates vide Employment Notice No. 01 of 2020 describing the eligibility criteria, reservation criteria and other relevant conditions for appointment in the college of Fisheries. The last date for submission of on-line application form and fee was 12.3.2020. As per the advertisement at Annexure-1, there were five posts of Assistant Professor cum Junior Scientist out of which one (01) post was unreserved, one (01) post was for EBC-F, one (01) post was SC, one (01) for BC and one for EWS(Female).

4. Clause 37 of the general instructions and conditions of the Employment Notice described that as per Circular No. 11/vkñuhñ&1&11/2015 lkñizkñ 2342 dated 15.02.2016 in case of unavailability of female candidate (UR-F), SC-F, EBC-F, BC-F and EWS-F post may be filled up with male candidates of same category in the same transaction. Clause 36 of the general instructions and conditions of advertisement prescribed that “reservation shall only be applicable to the original resident of Bihar State, horizontal reservation to Divyang/Grand Child of Freedom Fighter shall be applicable as per the guidelines of Government of Bihar.

5. The petitioner who claims to have fulfilled the eligibility criteria having first class in Bachelor of Fisheries Sciences, 7-24 OGPA in Master of Fisheries Sciences, Ph.D from ICAR-Central Institute of Fisheries Education, Mumbai, National Eligibility Test qualified, Research Publication Holder in various topics having publication in various journals, paper presentation and participants in various Academic seminars of excellence applied for the post of Assistant Professor cum Junior Scientist in the department of Fish Processing Technology under the category of EBC and PWD Physically Handicapped (Divyang). Interview letter dated 27.8.2021 was issued to the petitioner to appear on 9.9.2021 for interview. The interview of the petitioner was fixed on 9.9.2021 but, in the meanwhile, on 7.9.2021 the process of interview was postponed due to some reason and the petitioner could not be interviewed on 9.9.2021.

6. The respondent Bihar Animal Sciences University, Patna, re-advertised the earlier posts with minor changes through Employment Notice No. 05/2021 dated 6.10.2021 with a clear indication that the candidates who have already applied for the post earlier vide Employment Notice No. 01 of 2020, need not apply again as their candidature will be considered subject to fulfillment of eligibility criteria. There was no change in general instructions and conditions of advertisement relating to reservation to EBC category and to Physically Handicapped Persons in the Employment Notice dated 6.10.2021. The Bihar Animal Sciences University, Patna, issued a fresh interview letter dated 3.3.2022 to the petitioner requiring him to appear on 10.03.2022 and was accordingly interviewed by the Selection Committee. The petitioner produced all the relevant documents/te