STATE OF BIHAR Vs. RAMJEE PRASAD

JUDGEMENT

(1.) Delay condoned. Special leave granted.

(2.) This appeal arises out of the decision of the Patna High Court whereby it struck down the selection made for appointments in the junior teaching posts in medical colleges in the State and directed a fresh selection list to be prepared after shifting the last date for receipt of applications to 30th June, 1988. The facts giving rise to this appeal, briefly stated, are as under.

(3.) The State of Bihar published an advertisement inviting applications for appointment to the posts of (i) Assistant Professor (clinical subject), (ii) Registrar, (iii) Assistant Clinical Pathologist, (iv) Anaesthetist, (v) Resident Medical Officer, and (vi) Demonstrator (Tutor) in non-clinical subject for different Medical Colleges and Medical College Hospitals in the State of Bihar. For the post of Assistant Professor only such officers who had worked as Resident or Registrar in Medical Hospitals recognised for imparting M.B.B.S. studies by the Medical Council of India and having three years experience of such post were considered eligible. The last date for receipt of the application was fixed as 31 st January, 1988. Purusant to the said advertisement applications were received from eligible candidates and the select list or panel was prepared for appointments to the respective posts. The respondents and some intervenors who held appointments as junior teachers in one or the other Medical Colleges in the State questioned the validity of the State's action of inviting applications for preparation of a list for appointments to the advertised posts mainly on the ground that the last date for receipt of applications fixed as 3 1 st January, 1988 (hereinafter called 'the cut-off-date) deprived them of the opportunity to compete for the posts as they did not complete the requisite experience criterion of three years by that time. It was contended that this cut-off date was arbitrarily fixed and was, therefore, violative of Article 14 of the Constitution. The High 'Court took the view that the State Government had deviated from its usual practice of fixing the cut-off-date as 30th of June of the relevant year. This is clear from the following observation made by the High Court: