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, a stay on further appointments was made. The writ petition was disposed of directing the reworking of the Patna High Court L.P.A No.604 of 2023 dt. 18-04-2024 reservation roster and identification of the backlog vacancies, but the selection made by the Commission till then was directed to be not disturbed. It is argued that the learned Single Judge was not justified in issuing such directions, especially when there was a stay of further appointments. After the disposal of the writ petition, 289 persons were appointed on the premise that their selections were concluded by the Commission prior to 20.12.2022; clearly a wrong interpretation of the protection granted. The protection itself was not justified since it would lead to an anomalous situation of the appointments being made partly, as per the earlier identification of backlog vacancies and then as per the reworked backlog vacancies. It is pointed out that the unreserved category candidates have challenged the subsequent reworking of the reservation roster which writ petition is also pending before this Division Bench and tagged along with these appeals. The learned Counsel all the same, fully supports the contention of the State against the clubbing of vacancies, as directed in the impugned judgment.

16. The learned Single Judge found that the recruitment agency had to separately earmark backlog vacancies as a separate class and the fresh vacancies shown separately. Reckoning the resolution of the year 2014, the impugned judgment found that 25% vacancies set apart for filling up later and those earlier not filled up from the reserved category have to be included to determine the backlog vacancies for the present year. It was found that in determining the backlog vacancies, it was essential for the respondents to first identify the Assistant Professors appointed on the basis of merit, both in the general category and also from the reserved category. Only then could be identified; the exact backlog vacancies of the reservation category. Mere identification of existing Assistant Professors belonging to the reserved category would not be a correct assessment of backlog vacancies. It was also observed that the respondents were unable to explain how the Universities were treated as a separate selection unit when the University Act provides for conducting a selection for all the Universities by a common advertisement and a common examination. All posts existing in the various Universities were directed to be counted together as one unit for the purpose of application of roster. The Patna High Court L.P.A No.604 of 2023 dt. 18-04-2024 learned Single Judge thus directed re-working of the reservation by specifically identifying the backlog vacancies and also taking the entire number of vacancies as an appointment to a single unit for the purpose of determining the roster points. The selections already made and concluded were directed to be adjusted either in the backlog vacancies or in the roster points of the instant selection year, so as to not disturb them. If additional candidates are to be called, based on the clubbing of vacancies in all the Universities, then the additional candidates should be called for and interviewed before the appointments are carried out.

28. Now we come to the issue of backlog vacancies, which is said to be the reason for more than 50% of the vacancies advertised being conceded to the reserved categories. We have to immediately notice that the tabular columns in the advertisement which specify the vacancies and reserved posts, subject-wise and university-wise does not clearly demarcate the Patna High Court L.P.A No.604 of 2023 dt. 18-04-2024 backlog vacancies. Admittedly, out of the total vacancies, there is more than 50% reserved for the identified categories under the Reservation Act, 1991. The State has also conceded that there was no determination of the backlog vacancies, as is properly required.

Patna High Court L.P.A No.604 of 2023 dt. 18-04-2024

30. Annexure-A is the proceedings of the training organized through video conferencing in relation to the roster clearance for appointment to the post of Assistant Professor in State Universities. The officials of the Education Department and the General Administration Department and the Registrars of the Universities were present. It was noticed in Paragraph 3 that in Patliputra University, as per the information of the Secretary of the Divisional Commissioner, Patna, sanctioned posts were calculated on the basis of rationalization and reservation; category wise of the teachers working against the sanctioned posts. Such a computation resulted in most of the vacancies in the Patliputra University being shown as backlog vacancies; which was objected to by the Secretary of the Divisional Commissioner. The Officer of the General Administration Department informed that the post in the new Universities were those inherited from the parent Universities and in that circumstance a new register had to be prepared. It was directed that first of all the category wise names of the currently working teachers is to be taken and during roster clearance for appointments, the backlog would be calculated first on the basis of the working strength by identifying the backlog vacancy in any category. It was clarified that if 20 posts Patna High Court L.P.A No.604 of 2023 dt. 18-04-2024 were filled up then action would be initiated from roster point