STATE OF BIHAR Vs. RAJESH KUMAR GUPTA

JUDGEMENT

(1.) NAGENDRA Rai, J. -In this appeal, the State and others are the appellants. They have filed the present appeal against the order dated 1.2.2000 passed by a learned Single Judge in C.W.J.C. No. 5113 of 1998, by which the writ application filed by the writ petitioners -respondents to consider their cases for appointment against Class III and Class IV posts in Patna Medical College (for short 'the College') has been allowed.

(2.) THE facts necessary for disposal of the present appeal are like this. Certain Class III and Class IV posts were vacant in the College. On 28.1.1990, an advertisement was published from the office of the Principal of the College in a daily newspaper, namely, Nav -Bharat Times, inviting' applications for appointment on the said posts. The last date for filing applications was 25.2.1990. The petitioners -respondents applied in pursuance of the said advertisement.

(3.) THEREAFTER , it appears that another writ application was filed being C.W.J.C. No. 9701 of 1996, which was disposed of by a learned Single Judge of this court on 28.9.1997 with a direction to the writ petitioners to approach the Director -in -chief, Health Services, with their grievance by filing a representation within two weeks and the Director -in -chief was directed to consider the same within a period of two months. The said representation was considered and the Director -in -chief by order dated 24th of December, 1997, rejected the same after having found that though the interview letters were issued to the candidates, but the interview could not be held due to chaos and confusion created on the date of holding of the interview and as such no further action was to be taken in the matter. In other words, by reason of there being no interview, there was no question of appointment and as a matter of fact no appointment letter was issued to any of the applicants.