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IN THE HIGH COURT OF JUDICATURE AT PATNA
SANGAM KUMAR SAHOO, HARISH KUMAR
Rama Shankar, (UID No. RAM13101983LAW00440767), Son of Ramchandra Pandit – Appellant
Versus
State of Bihar through the Additional Chief Secretary, Education Department, Government of Bihar, Patna – Respondent
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
A candidate belonging to a reserved category, if selected under the General/Open Category, is entitled to be considered for posting as per his or her preference on the basis of his or her merit among....
Reservation policies in public employment must prioritize merit; candidates from reserved categories who qualify for general positions based on merit are to be treated as general category candidates.
Candidates securing higher marks than unreserved category cannot claim reservation benefits unless explicitly provided by state policy; constitutional provisions require formal policy to confer reser....
Reserved category candidates who score above the general category cut-off must be treated as general candidates, ensuring merit prevails in recruitment processes as mandated by the Constitution.
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