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Patna High Court
Dr. Vinay Kumar Ambedkar @ Vinay Kumar ... vs The State Of Bihar on 13 January, 2026
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11828 of 2025
======================================================
Dr. Vinay Kumar Ambedkar @ Vinay Kumar Ambedakar s/o Rambalak
Singh, Resident of Village-Iliara, Gaya, Cherki, P.S.-Cherki, District-Gaya
(Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Govt. of Bihar,
Patna.
3. The Director, Higher Education Department, Government of Bihar, Patna.
4. The State University, University Service Commission, Bihar, Patna.
5. The Chairman, Bihar State University Service Commission, Patna.
6. The Secretary, Bihar State University Service Commission, Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarva Dev Singh, Adv.
Mr.Ranjit Kumar, Adv.
For the State : Mr. Uday Prasad, AC to GP 22
For the BSUSC : Mr. Alok Kumar Rahi, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 13-01-2026
Heard the parties.
2. The petitioner, who is aspirant for the post of
Assistant Professor for the subject of Ancient Indian History and
Asian Studies in terms with the Advertisement No. AP/AIHA-
09/20-21
dated 21.09.2021, has approached this Court seeking
quashing of Letter No. 755 dated 10.03.2025 issued by the
Secretary, Education Department, Government of Bihar, Patna,
whereby the Secretary of the Bihar State University Service
Commission has been directed to stay the process of selection of
Patna High Court CWJC No.11828 of 2025 dt.13-01-2026
Assistant Professor for the subject of Ancient Indian and Asian
Studies along with other subjects stating therein that there is no
clarity in the existing vacancy in the Universities of the Bihar
and different Colleges. The concerned respondent(s) thus have
further been directed to send fresh requisition after proper
assessment of the posts.
3. Mr. Sarva Dev Singh, learned Advocate for the
petitioner submitted that the petitioner has attained the age of 56
and now only few years have been left in his proposed service
career to be appointed, nonetheless the State Government has
come out with the impugned notice and halt the Commission to
proceed with the selection process. It is further contended that
though there is no confrontation to the settled position that the
State Government has discretion to proceed for selection
process and in case there is reasonable ground, they can refuse
to proceed. In the case at hand, it appears that because of
miscommunication from the University and the College, the
assessment of the vacancies could not be done. However, the
Director, Higher Education, vide its Letter No. 205 dated
29.03.2025, as is evident from Annexure-D to the counter
affidavit filed on behalf of the respondent Nos. 2 and 3, directed
the Registrar of the Universities to make a fresh exercise and re-
Patna High Court CWJC No.11828 of 2025 dt.13-01-2026
assess the status of available vacancies in the concerned subject
and make available fresh category wise vacancies existed in the
year 2020, preferably within a week. More than three moths
have been elapsed and till date re-assessment of the status of
available vacancies has not been done.
4. Learned Counsel for the State and the Bihar State
University Service Commission have submitted that as soon as
the actual report on the existing vacancies in the year 2020
under the aforementioned subject is made available by the
University, a fresh requisition would be sent to the Commission
to proceed further in the matter and for recommendation of the
candidates for appointment in accordance with law.
5. Before parting with the case, it would be worth
benefiting to remind the respondent State authorities with the
mandate of the Constitution Bench of the Apex Court in
Shankarsan Dash vs Union Of India [AIR 1991 SC 1612],
wherein the Court held that undoubtedly the State is under no
legal duty to fill up all or any of the vacancies. However, it does
not mean that the State has the licence of acting in an arbitrary
manner. The decision not to fill up the vacancies has to be taken
bonafide for appropriate reasons.
6. Having considered the submissions advanced by
Patna High Court CWJC No.11828 of 2025 dt.13-01-2026
the learned Advocates for the respective parties and taking note
of the undertaking given by the concerned authorities of the
State, this Court disposes the writ petition with the hope and
expectation that the authorities shall expedite the matter and
ensure re-assessment of the status of the available vacancies of
the concerned subject and come out with fresh requisition as
early as possible keeping in view the undertaking offered before
this Court by the authorities of the State in its counter affidavit
filed on behalf of the respondent Nos. 2 and 3.
7. The writ petition stands disposed of.
(Harish Kumar, J)
Anjani/-
AFR/NAFR
CAV DATE
Uploading Date 16 .01.2026
Transmission Date
