JUDGMENT :

HARISH KUMAR, J.

1. Heard the learned Senior Advocate(s)/Advocates appearing for the respective parties.

2. The present intra-court appeal challenges the judgment dated 04.04.2025 passed in C.W.J.C. No.17205 of 2022, whereby the writ petition filed by the writ petitioner/appellant, seeking allocation and preferential posting at Patna University under the EBC category, was rejected on the grounds stated therein.

3. The brief facts, leading to the filing of the present appeal, are summarized as follows:-

(i) In exercise of the powers conferred under Section 36(7) of the Bihar State University Act, 1976 and the Patna University Act, 1976 (as amended from time to time), the Hon’ble Chancellor of the Universities of Bihar approved the Statutes governing the appointment of Assistant Professors in the Universities of Bihar. A notification to this effect was issued vide Memo No. BSU (Statute)-25/1472/GS(I) dated 10.08.2020. In accordance with the provisions contained in the said Statutes and based on the requisition received from the Education Department, Government of Bihar, for filling up the vacant posts of Assistant Professor in various Universities and their constituent colleges in the subject of “Law,” the Bihar State University Service Commission, Patna (hereinafter referred to as “the Commission”), issued Advertisement No. AP-LAW-40/20-21P dated 21.09.2020.

(ii) Pursuant to the said advertisement, online applications were invited from eligible candidates in the prescribed format. A total of 15 posts of Assistant Professor (Law) were advertised, out of which, 5 posts reserved for Extremely Backward Class (EBC), 5 posts for Unreserved category, 2 posts for Scheduled Caste (SC), and 1 post each for Backward Class (BC), Economically Weaker Section (EWS), and Scheduled Caste (SC). Eligible candidates, including the writ petitioner/appellant and respondent no. 8, submitted their applications. Upon completion of the selection process, the Commission published the final select list along with the allocation of universities vide Important Notice No. 1220 dated 30.09.2022. The name of the writ petitioner/appellant appeared at serial no. 4 under the Unreserved category, and he was allotted Tilka Manjhi Bhagalpur University, Bhagalpur (T.M.B.U.), in accordance with his merit position.

(iii) The writ petitioner, being aggrieved by the action of the Commission in appointing him as Assistant Professor (Law) at Tilka Manjhi Bhagalpur University, Bhagalpur, allegedly disregarding his preference for appointment at Patna University, Patna, filed C.W.J.C. No. 17205 of 2022.

(iv) Upon notice, respondent no. 8 entered his appearance and filed a counter affidavit opposing the petitioner’s claim. The State and the Commission also filed their respective counter affidavit(s), categorically asserting that the entire selection process was conducted strictly in accordance with the terms of the advertisement and the Statutes of 2020 governing the selection procedures. It was contended that there was no illegality or irregularity in the selection and appointment of the writ petitioner/appellant and/or in his allocation to Tilka Manjhi Bhagalpur University, Bhagalpur.

(v) The learned Single Judge, after considering the submissions advanced by the counsel for the respective parties and examining the relevant provisions of the advertisement as well as the Statutes of 2020, held that the respondents had acted in conformity with Clause 9 of the advertisement dated 21.09.2020, Clause 4.1 of Chapter IV, and Clause 5.5 of Chapter V of the Statutes of 2020. Accordingly, the writ petition was dismissed. Aggrieved by the said judgment, the writ petitioner/appellant has preferred the present intra-court appeal.

4. Mr. Mrigank Mauli, learned Senior Advocate appearing on behalf of the appellant, while assailing the judgment rendered by the learned Single Judge, submitted that the appellant, an Extremely Backward Category (EBC) candidate, had applied for the post of Assi