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IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1580 of 2024

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1. Dr. Dinesh Prasad Gond Son of Late Moti Lal Prasad, Resident of Village-

Fazilpur, Kandhpaker, Police Station- Asaon, District- Siwan, Bihar

(841287).

2. Dr. Jitendra Kumar, Son of Ram Narayan Ram, Resident of Village-

Piparahia, Police Station- Asaon, District- Siwan, Bihar (841245).

3. Vidhan Chandra, Son of Dinesh Chandra Singh, Resident of Village-

Barahiya, Tola- Dani, Police Station- Barahiya, District- Lakhisarai, Bihar

(811302).

4. Dr. Kumar Abhishek, Son of Raj Banshi Singh, Resident of A-15,

Prabhunath Nagar, Tari, Chhapra, P.S. Mufassil, District- Saran, Bihar

841301.

... ... Petitioner/s

Versus

1. The Bihar State University Service Commission through its Chairman, 8th

Floor, Bihar School Examination Board, Academic Building, Budha Marg,

Patna, Bihar- 800001.

2. The Chairman, Bihar State University Service, Commission, 8th Floor,

Bihar School Examination Board, Academic Building, Budha Marg, Patna,

Bihar- 800001.

3. The Secretary, Bihar State University Service, Commission, 8th Floor, Bihar

School Examination Board, Academic Building, Budha Marg, Patna, Bihar-

800001.

4. The University Grants Commission, through the Chairman, Bahadur Shah

Jafar Marg, New Delhi- 110002.

... ... Respondent/s

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Appearance :

For the Petitioner/s : Mr. Kumar Kaushik, Advocate

Ms. Namrata Dubey, Advocate

For the BSUSC : Mr. Anjani Kumar, Sr. Advocate

Mr. Alok Kumar Rahi, Advocate

For the UGC : Mr. Lakmesh Marvind, Advocate

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR

CAV JUDGMENT

Date : 03-02-2026

Heard the parties.

2. The petitioners have invoked the jurisdiction of

this Court under Article 226 of the Constitution of India, inter

Patna High Court CWJC No.1580 of 2024 dt.03-02-2026

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alia, for setting aside the minutes of meeting dated 22.09.2023

published by the Respondent Bihar State University Service

Commission (in short ‘the Commission’) whereby and

whereunder the authorities have decided that the Post-

Graduation Degree of Applied Microbiology is not a

relevant/allied subject of Botany for appointment to the post of

Assistant Professor.

3. The petitioner nos. 1, 2 and 4 having completed

their Masters in Applied Microbiology from Banaras Hindu

University (in short ‘BHU’) and petitioner no.3 has completed

his post-graduation in the subject of applied Micro-Biology

from Patna University, passed the NET examination conducted

by CSIR-UGC in the subject of Life Science. On being found

eligible, the petitioners applied for the post of Assistant

Professor in different Universities in terms of the Advertisement

issued by the Commission on 21.09.2020.

4. The captioned advertisement contained allied

subjects and in the subject of Botany it contained 7 allied

subjects, including the subject of Micro-Biology. The list of

relevant/allied subject was modified by a corrigendum dated

17.11.2020 and the subject of Bio-informatics was added to the

list, hence it is contended that the list of allied subject was not

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final. The petitioners in the aforesaid premise had filed a writ

application, bearing C.W.J.C. No. 21322 of 2021 for being

considered for appointment in the subject of Botany on the

strength of their post-graduation degree in the subject of

Applied Microbiology. The said writ petition was disposed of

vide order dated 20.07.2023 with a direction to the respondent

Commission to revisit the list of concerned/relevant/allied

subject and consider the case of the petitioners in accordance

with Clause 3.8 of the Statute within a period of two months.

5. In terms with the order of this Court, the claim of

the petitioners along with other candidates were duly considered

by a Committee for their recruitment as Assistant Professor in

the subject of Botany and the same has been rejected by order