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2 16-10-2017 Learned counsel for the petitioner, State and Bihar Public Service Commission (hereinafter referred to as the Patna High Court CWJC No.14157 of 2017 (2) dt.16-10-2017 2/5 „Commission‟) have assisted the Court.

2. The petitioner is aggrieved by the "Corrected/Modified Result" dated 23.08.2017 with respect to the petitioner by which though his name was included in the selected candidate for L.N. Mithila University, Darbhanga in the "Final Selection List" dated 17.05.2017, in the Backward Class category, but in the impugned list, he has been replaced by respondent no. 9, who has been recommended for J.P. University, Chapra.

3. Learned counsel for the petitioner submitted that as per the exercise of selection by the Commission, the petitioner was shown to have been successful for appointment under the Lalit Narayan Mithila University, Darbhanga. However, the same was changed by the impugned corrected/modified result by which the petitioner does not find place in the list of recommended candidates for any University.

4. Learned counsel submitted that the ground taken for such selection is that the respondent no. 9 had wrongly filled up his category code i.e., instead of the same being filled up as Backward Class (05), he has mentioned it EBC (04) but later on, upon verification it was found that his caste actually comes under Backward Class (05) category and thus, on an application made Patna High Court CWJC No.14157 of 2017 (2) dt.16-10-2017 3/5 by him, the correction has been made finding that he belonged to the Backward Class (05) category and not EBC (04) category. Learned counsel submitted that the same is impermissible for the reason that as per the terms of the advertisement, incomplete or wrongly filled up applications were to be rejected. Learned counsel submitted that admittedly the error has been committed by the respondent no. 9 and thus, in terms of the conditions of the advertisement, the application itself has to be rejected and furthermore, once the petitioner has been shown to have been selected, he could not have been ousted for an error committed by the respondent no. 9, and that too, on an application made by him only. In the alternative, learned counsel has taken the Court through various annexures to indicate that in the same category i.e., Backward Class Lady (06), there is one seat which is empty in J.P. University, Chapra on which the respondent no. 10, who has been appointed on the Backward Class (05) category can be adjusted and thus, there would not be any requirement for any fresh exercise. It was further submitted that, admittedly, the petitioner came in the consideration zone and after respondent no. 9, he is the next person in the merit list for Backward Class (05) category and in the present case, if the respondent no. 10 is adjusted on the vacant seat in the same subject and the same Patna High Court CWJC No.14157 of 2017 (2) dt.16-10-2017 4/5 University, i.e., J.P. University, Chapra, there would not be any requirement for any further correction/changes. It was submitted that once respondent no. 10 was required to fill up both categories, i.e., BC (05) and BCL (06), there was no occasion for the Commission to keep the seat of BCL (06) empty when respondent no. 10 was already available and the petitioner as well as respondent no. 9 were already there in the merit list.

5. Learned counsel for the Commission submitted that they have made corrections for the reason that various decisions of the Courts indicate that the Commission should not be too technical in such matters. He further submitted that being conscious of the position, they have also written to the State Government to increase one seat of BC (05) so that the petitioner may be adjusted.

6. However, on a direct query of the Court as to why this simple exercise of recommending respondent no. 10 on BCL (06) and then giving the resultant BC (05) position to the petitioner, which would not entail any further exercise and would also ensure that BCL (06) is filled up, there is no reply and he seeks time to file counter affidavit.

7. Issue notice to the respondents no. 9 and 10, both under registered cover with A.D. as well as ordinary process for Patna High Court CWJC No.14157 of 2017 (2) dt.16-10-2017 5/5 which requisites etc. must be filed by day after tomorrow.