GIRIJESH KUMAR VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for directing the respondent authorities to appoint the petitioner on the post of Assistant Professor, Department of Chemistry pursuant to advertisement no. 66 of 2014 in the backward caste category on the ground that the petitioner has obtained 63.40 marks whereas the cut off marks for the B.C. Category is 62.70.

(2.) The brief facts of the case according to the petitioner are that the petitioner possesses qualification of MSc. and Ph.D in chemistry. It has been submitted that an Advertisement no. 66 of 2014 was published for making appointment on 239 posts of Assistant Professor (Chemistry). The last date for submitting the application was 20.11.2014. The petitioner had submitted his application, however, erroneously, he filled the category code as 04, which is prescribed for the Extremely Backward Caste category instead of 05 i.e. the B.C. Category, to which the petitioner belongs. The petitioner is stated to have been called for interview on 26.07.2016, whereafter the Bihar Public Service Commission published a list of successful candidates on 17.05.2017 in which one Sumit Kumar was recommended for being appointed in the B. N. Mandal University, Madhepura and his name figured at serial no. 11 in the list of selected candidates for B. N. Mandal University. It is submitted that the said Sumit Kumar is much below the petitioner in the merit list, however, he has been shown in the list of successful candidates and the petitioner has been left out.

(3.) The learned counsel for the petitioner has referred to the result published by the Bihar Public Service Commission, which is at Annexure-4 to the writ petition and it has been stated that the said Sumit Kumar is at merit serial no. 432 whereas the petitioner is at merit serial no. 424, still he has not been appointed. Lastly, it is submitted that the petitioner has obtained 63.40 marks whereas the cut off marks for the post of Assistant Professor (Chemistry) under the B.C. Category is 62.70, hence, the petitioner has been illegally denied appointment on the post of Assistant Professor (Chemistry).