MADAN MANOHAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for directing the respondent -Bihar Public Service Commission to issue interview letter to the petitioner herein and in the meantime, stay the letter dated 19.3.2019 issued by the Respondent No. 5 whereby and whereunder the list of eligible candidates for interview in Electronics Subject for the post of Assistant Professor has been published by the Bihar Public Service Commission, Patna, however, the petitioner has been left out despite he having secured 73.05% marks i.e. more than the cut off marks of 72.70%.

(2.) The brief facts of the case are that the Respondent-Bihar Public Service Commission (hereinabove referred to as the BPSC) invited vacancies for the post of Assistant Professors in different subjects vide advertisement dated 16.9.2014 bearing advertisement no. 72 of 2014, including four posts of Assistant Professor in Electronics Science under the BRA Bihar University, Muzaffarpur. The petitioner is said to have applied for the post of Assistant Professor in Electronics Science since he was possessing the necessary qualifications and after scrutiny, a list of eligible candidates was published by the BPSC on 30.12.2018 wherein the name of the petitioner has been mentioned at serial no. 30. Thereafter, an office order dated 19.3.2019 was published on the website of the BPSC, fixing the date of interview as 15.1.2019, which was later on corrected to 15.4.2019. Subsequently, an office order was published on the website of the BPSC on 19.3.2019 wherein the cut off marks for the post of Assistant Professor in Electronics was fixed as 72.70% for the general candidates and 53.35% for the EBC candidates. On the same date i.e. 19.3.2019, the roll numbers of the eligible candidates, who had been called for interview for the post of Assistant Professors in Electronics was published, however, the roll number of the petitioner was missing although he had 73.05% marks i.e. more than the cut off marks fixed by the Respondent-BPSC.

(3.) The learned counsel for the petitioner has submitted that despite the fact that the petitioner has got more marks than the cut off marks fixed for the purposes of calling the candidates for interview for the post of Assistant Professor in Electronics Science, the petitioner has been left out for no fault of his.