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2025 Supreme(Online)(Pat) 1904

PATNA HIGH COURT
HONOURABLE MR. HARISH KUMAR, J
Dr. Kumar Brajesh @ Kumar Brajesh – Appellant
Versus
The Bihar State University Service Commission through its Secretary – Respondent


Advocates:
For the Appellants/Petitioners:Mr. Anand Kumar Ojha, Sr. Advocate, Mr. Shankar Kumar, Advocate, Mr. Askhansh Shankar, Advocate
For the Respondent/s: Mr. Standing Counsel (20), Md. Zeeshan Kalim, AC to SC -20, For the BSUSC:Mr. Pawan Kumar, Advocate, Ms. Diksha Advocate

ORAL JUDGMENT

Date : 15-12-2025

Heard Mr. Anand Kumar Ojha, learned Senior Advocate along with Mr. Shankar Kumar, learned Advocate for the petitioner; Mr. Pawan Kumar, learned Advocate for Bihar State University Service Commission and Md. Zeeshan Kalim, learned Advocate for the State.

2. The petitioner, an aspirant for the Post of Assistant Professor (Physics) in the Universities of Bihar in connection with Advertisement No. AP-PHYS-20/20-21 dated 21.09.2020, has invoked the jurisdiction of this Court seeking a declaration that his non-inclusion in the list of selected candidates for the post of Assistant Professor (Physics) in EWS category, as contained in Notice No. 1640 dated 30.09.2024 issued by the Secretary, Bihar State University Service Commission (hereinafter referred to as ‘the Commission’) is illegal, arbitrary and without jurisdiction. The petitioner has further prayed for a direction to consider the certificate of experience to be valid satisfying the requirement of the Advertisement and considering the case of the petitioner afresh by awarding suitable marks against the experience.

3. The facts briefly narrated in the writ petition are that the Commission vide Advertiseme

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