IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10262 of 2024 ======================================================

Manoj Kumar S/O Arjun Sah @ Arjun Kumar Resident of Mohalla-Near Shitla Sthan Lalkothi, P.O.- Naya Bazar, P.S.- Tatarpur, District- Bhagalpur.

... ... Petitioner/s Versus

1. The State of Bihar through Chief Secretary, Government of Bihar, Patna.

2. The Principal Secretary, General Administration Department, Government of Bihar, Patna.

3. The Principal Secretary, Education Department, Government of Bihar, Patna.

4. The Director, Higher Education, Government of Bihar, Patna.

5. The Bihar State University Service Commission, Patna through its Secretary.

6. The Chairman, Bihar State University Service Commission, Patna, Bihar. 7. The Secretary, Bihar State University Service Commission, Patna, Bihar. 8. The Tilka Manjhi Bhagalpur University, Bhagalpur through its Registrar.

9. Sri Ranjit Kumar Ranjan, S/o Not known Through the Vice Chancellor Tilka Manjhi Bhagalpur University.

10. Sri Vivekanand Kumar, S/o not known Through the Vice Chancellor Tilka Manjhi Bhagalpur University.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Y. V. Giri, Sr. Adv.

Mr. Ranjan Kumar Sinha, Adv.

For the State : Mr. Sunil Kr. Mandal, SC 3 Ms. NeelamKumari, AC to SC 3 For the BSUSC : Mr. Tuhin Shankar, Adv.

Mr. Gopal Kumar, Adv.

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR

ORAL JUDGMENT

Date : 05-01-2026 Heard Mr. Y. V. Giri, learned Senior Advocate with Mr. Ranjan Kumar Sinha, learned Advocate for the petitioner and Mr. Tuhin Shankar, learned Advocate for the Bihar State University Service Commission as well as Mr. Arjun Prasad, learned Advocate for the State.

2. The petitioner, an aspirant for the post of Assistant Professor in the subject of Psychology in connection with Advertisement No. AP-PSYC-16/20-21, has invoked the jurisdiction of this Court seeking issuance of writ in the nature of mandamus directing the respondent authorities to accommodate him under Extremely Backward Class category for his selection and appointment on the post of Assistant Professor in terms with the afore noted advertisement with respect to the subject of Psychology published by the Bihar State University Service Commission, Patna (in short ‘Commission’). The petitioner also sought a direction upon the respondent authorities to admit his claim/objection dated

27.12.2022 against the provisional merit list.

3. The short facts, which led to filing of the present writ petition, are that the petitioner having degree of M.A., Ph.D. in the subject of Psychology submitted his application, in pursuant to the caption advertisement dated 21.09.2020 under the category of Extremely Backward Class. The respondent Commission after completing all the paraphernalia published a list of provisional eligible/ineligible candidates on 24.12.2022.

The name of the petitioner figured at Sl No. 408 as elegible candidate under Unreserved category for the reason stating therein that Non Creamy Layer certificate was not submitted with the caste certificate. The respondent Commission invited objection on or before 05.01.2023 against the said provisional list. In pursuance thereof, the petitioner made an application along with requisite fee of Rs.225 and NCL certificate through Speed Post on 27.12.2022. Subsequently, the Commission also came out with a notice dated 19.01.2023 where the name of the petitioner was placed at Sl No. 207 but under Unreserved category candidate. The petitioner immediately rushed to the respondent Commission with a request to consider his claim under EBC category. However, the Commission did not consider his case favourably and issued Call Letter for interview by treating him as a candidate under General category on

29.01.2023.

4. The petitioner appeared in the interview but with a further request to treat him under EBC category and submitt