SUNIL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) These three writ petitions on behalf of 10 petitioners have been filed seeking direction to allow them to appear at the competitive examination for appointment of Lecturers in the Bihar State Medical Education Service.

(2.) When these petitions were filed, the examination was scheduled to be held on 25.6.2000. The examination stands postponed possibly on account of the dispute relating to the interpretation of eligibility Clause and the pendency of the writ petitions. According to the respondents, the candidates who possessed the requisite qualification upon the last day of submission of the application alone are eligible to appear at the examination, according to the petitioners, the candidates who acquired the requisite qualification upon the date of the examination are also eligible. Thus, the appearing candidates could also apply subject to their passing the post -graduate examination before the commencement of the competitive examination.

(3.) A learned Single Judge of this Court at its Ranchi Bench in the case of Dr. Viprashree and Ors. v. State of Bihar and Ors. CWJC No. 1567/2000 (R) and analogous, relating to the same examination and advertisement has held vide judgment dated 23.6.2000 that the cut -off date for determining the eligibility is the last day of submission of the application i.e., 21.1.1999. The point thus has been answered in favour of the Department. The argument -put forward on behalf of the petitioners in those cases was that the candidates could acquire the requisite qualifications upto the date of selection and therefore, they could not be prevented from appearing at the examination. The plea was rejected and, if I may say so with respect, rightly in view of the decisions of the apex Court. A similar argument but under a different cloak was made in these case necessitating this judgment.