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745. Further, it is stated that an amendment was made in the Bihar State Universities Act 2013 and Patna Universities Act authorizing Bihar Public Service Commission for making recommendation for appointment of Assistant Professor. The Commission conducted an exercise on the basis of requisition sent from the Universities who did not indicate backlog/ carry forward vacancies. The State Government passed a resolution on 20th March 2014, deciding that out of the total number of posts requisitioned by the University, 75% of the total vacancies be filled up subject-wise as current vacancies as per roster clearance and 25% was kept pending as backlog which were to be filled later on. The B.P.S.C. was accordingly sent a requisition for the year 2014 for which selection process has been almost completed except for some subjects.

Patna High Court CWJC No.8932 of 2020 dt. 24-02-2023
33. A harmonious construction of Sections 2(d), 3(2) and 3(5) would lead to the conclusion, as stated by the Division Bench, that only those vacancies can be declared backlog vacancies, within the reserved category, which were subject-matter of advertisement but remained unfilled because of non-availability of suitable candidates, within the reserved category, after selection. It is only in respect of such vacancy that the procedure qua backlog vacancy can be adopted. Any vacancy, which has not been subjected to a complete process of selection, even though vacant, cannot be treated as a backlog vacancy."
(ii) In view of clear language used in Section 4 of the 1991 Act, only those vacancies can be declared backlog vacancies within the reserved category, which, though, were subject matter of a previous advertisement, but remained unfilled because of non-availability of suitable candidates, within the reserved category, after selection. No vacancy, which has not been subjected to a complete process of selection could be treated as backlog vacancy, in view of the law laid down by the Supreme Court, in the case of Sangam Nath Pandey (supra).

Since in 2014, there were no backlog posts considered, it is to be assumed that the exercise of filling backlog posts has been done only in the present selection for the Patna High Court CWJC No.8932 of 2020 dt. 24-02-2023 first time.

Therefore keeping in view the judgment passed in Sangam Nath Pandey (supra), the backlog can be only in relation to the post which were advertised and remained unfilled in 2014 selection. From the perusal of the formula and affidavit filed by the State, this Court finds that there are no details of posts of Reserved Category which remained unfilled in 2014 selection. It is further noticed that the 2014 selection process is still not complete, and there are some subjects where the appointments have not been made. In such subjects therefore, there could be no backlog posts for being included in the present selection, but there is no averment by the respondent in their affidavit about the posts and hence it can be concluded that in the present selection post which remained unfilled from Reserved Category in 2014 have not been included.