Rajeev Ranjan Prasad, J. – These two writ applications are raising a common question for consideration, therefore, on the request of the parties, both the writ applications have been taken up together for consideration and are being disposed of by this common judgment.

2. For sake of clarity, this Court would briefly refer the facts of both the cases separately hereunder: –

CWJC No.15313 of 2022

3. In this case, the petitioner has questioned the Notice No. B.S.U.S.C./foKkñ&14/2022-1240 dated 13.10.2022 (Annexure ‘3’) and Notice No. B.S.U.S.C/foKkñ&14/2022-( [k.M&5)-1298 dated 22.10.2022 (Annexure ‘5’) to the writ application whereby the petitioner has been held ineligible for the post of Assistant Professor, Hindi (under EBC category) on the ground that the petitioner had paid Rs.75/- as fee but she does not come under clause 10.1(ii), 10.1(iii) or 10.1(iv) of the advertisement published by the Bihar State University Service Commission (hereinafter referred to as the ‘Commission’) vide Annexure ‘1’ to the writ application. The petitioner further prays that upon setting aside the impugned orders, a writ of mandamus be issued commanding the Commission to allow the petitioner to participate in the process of interview for the post of Assistant Professor, Hindi which had been scheduled in between 03.11.2022 to 08.11.2022.

4. It is the case of the petitioner that pursuant to the advertisement published by the Commission inviting applications from the eligible candidates for appointment on the post of Assistant Professor in different subjects in different Universities of the State of Bihar, the petitioner submitted her application online vide Annexure ‘2’ to the writ application and deposited the fixed amount of fee of Rs.75/-.

5. The grievance of the petitioner is that the Commission declared the petitioner ‘ineligible’ and her candidature has been rejected on the ground that the fee paid is Rs.75/- but the candidate does not come under Clause 10.1(ii), 10.1(iii) or 10.1(iv) of the advertisement.

6. It is stated that the petitioner represented before the Commission by submitting through registered post her recent non-creamy layer certificate, residential certificate and caste certificate issued by the competent authority of the Government of Bihar and further explained that she is permanent resident of the State of Bihar as her father is basically a permanent resident of Village- Amhara, P.O. Mankatha, District- Lakhisarai and for his work only, he is residing at Sahebganj (Jharkhand) where he has built up a residential house. The petitioner claims that she was married to one Bablu Kumar in the year 2004 who is a permanent resident of Ward no. 12 (old), New-08, near Mahavir Asthan, Kutia, P.S.- Mansi, District- Khagaria. The petitioner, therefore, requested the Commission to treat her candidature in EBC category for the post of Assistant Professor in Hindi but the Commission once again vide notice as contained in Annexure ‘5’ held the petitioner ineligible on the same ground.

CWJC No.15314 of 2022

7. In this writ application, the petitioner is aggrieved by and dissatisfied with the part of the notice dated 22.10.2022 issued by the Commission by which the petitioner has been declared ineligible for participating in the process of selection to be conducted pursuant to advertisement no. AP-HIND-07/20-21 published by the Commission. She had also applied against the post of Assistant Professor in Hindi, however, her candidature had been rejected because she (a) paid a fee of Rs.75/- and (b) as per attached caste certificate, candidate’s father belongs to Jharkhand State.

8. It is the case of the petitioner that the petitioner was born on 02.02.1977 in the District of Godda which was one of the districts in the erstwhile State of Bihar. The petitioner submits that after coming into force of the Bihar Reorganization Act, 2000 (hereinafter ref