BINAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONERS want a direction upon respondent authorities to appoint them as Ayush Doctors on the basis of the terms and conditions of advertisement dated 23.9.2013, which is Annexure -1 to the writ application. A provisional list was prepared, extract thereof has been annexed as Annexure - 2. The names of these petitioners do figure therein but when it came to final appointment, they are still waiting a response from the respondents, which has not come.

(2.) COUNSEL for the petitioners formulates an argument that the respondent authority especially the State Health Society cannot alter the terms and conditions of the advertisement and since there was no provision for a written examination, the holding of a written examination and excluding the petitioners from participation is an exercise required to be struck down by the Court.

(3.) IF this is the reason and the direction has come during the pendency of the exercise being carried out in terms of the advertisement contained in Annexure - 2 then the respondent authorities cannot be faulted for implementing a judicial order.