SC upholds EBC profs preferred univ posting
Apex court dismisses BSUSC SLP, asks it to comply with HC Division Bench order on teachers’ posting
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Patna — In a setback to the Bihar State University Service Commission(BSUSC), the Supreme Court on September 2 rejected its Special Leave Petition (SLP) against a Patna High Court order, stating, "We find no good ground and reason to interfere with the judgment/order passed by the High Court."
The case pertains to the posting of a law professor, Rama Shankar, belonging to the Extremely Backward Caste (EBC), who sought posting in Patna University as a preference and despite his merit, was sent to TM Bhagalpur University.
On April 4, 2025, the HC division bench, setting aside a single-bench order of the HC, ruled that the commission should comply with its order and issue a fresh order of posting in favour of the writ petitioner/ appellant strictly in accordance with his indicated preference.
leg eit The case pertains to the posting ofa law professor, Rama Shankar, who sought posting in Patna University as apreference. HT PHOTO
The SC has upheld this HC order.
"Itis for the petitioner (Commission) to give full effect to the order by coming up with a viable solution. Leaving it open to the petitioner to do so, the special leave petition is dismissed," said the apex court bench of Justices Sanjay Kumar and Justice Sanjeev Sachdeva.
The litigation in the cases lasted for about four years.
WE QE PLCTIUR! 2h, 2VLY, LHL pereseuis. ane Peseseverce BSUSC advertised for 15 law appealed the decision and the professor posts: 5 posts were division bench headed by Chief reserved for Extremely BackJustice Sangam Kumar Sahoo ward Class (EBC), 5 posts for and Justice Harish Kumar on Unreserved category, 2 posts for March 25, 2026 overturned the Scheduled Caste (SC), and I post — single-bench verdict. each for Backward Class (BC), The court emphasised that Economically Weaker Section the emphasis of statutes must (EWS), and Scheduled Caste _ be in consonance with Article (SC). 14, adding, if a specific mechaIn
the final list, the writ petinism results in a more meritoritioner, an EBC candidate, ous candidate receiving a less appeared under the unreserved — desirable posting than a lower category, despite his top rank_ -merit peer, it fails the test of ing in the EBC category.Conseconstitutional validity. quently, he was allotted TM Setting aside the single judge Bhagalpur University based on _ order of April 4, 2025, the HC his merit. division bench had directed the
Having indicated Patna UniCommission to comply with its versity as his first preference, _ order and issue a fresh order of the appellant challenged his posting in favour of the writ posting at TM Bhagalpur Uni_ petitioner/appellant strictly in versity inthe HConthecontenaccordance with his indicated tion that he was denied his _ preference. choice despite availability of The apex court has now two EBC category vacancies in upheld that order and it might Patna University. benefit other candidates who
However, a single-judge are similarly denied their choice bench of the HC dismissed his despite meeting the criteria.
About the Author
Arun Kumar is a veteran journalist and Associate Editor with Hindustan Times, based in Patna. For more than three and a half decades, his reporting has chronicled Bihar's complex political landscape, university and educational reforms, landmark judicial rulings of the Patna High Court, administrative governance, and social shifts across the state. Known for deep investigative reporting and source-grounded accountability journalism, he is a recipient of the prestigious K.C. Kulish Journalism Award and the Keshav Bhatt Journalism Award, and is an LDM Fellow.