KISHORE KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the learned. Counsel for the petitioner and the learned Counsel for the State.

(2.) AN advertisement was published by the respondents on 19.4.2007 inviting applications for appointment on contract basis on the post of Ayurvedic, Unani and Homeopathy doctors. The qualifications prescribed were that the candidate must possess the requisite degree as specified in Clause 2 of the advertisement and to be registered with the concerned Board. The maximum age limit was quantified to be 60 years. The period of contract was defined as eleven months. The last date for submission of application with necessary information as detailed in Item 11 of the advertisement was 15.5.2007. Clause 10 of the advertisement stipulated that the merit list would be prepared on basis of the marks obtained at the University level in the Degree Course or equivalent of B.A.M.S./B.U.M.S./B.H.M.S. Subsequently on 14.12.2007 a corrigendum has been published by the respondents to the effect that the applicants who have responded to the aforesaid advertisement would be required to undergo a written examination. The contention of the petitioner is that the conditions and procedure for selection having been specified in the advertisement, the respondents are bound to make the selection and appointment in terms thereof and cannot subsequently introduce a new condition in excess of the original advertisement on basis of which the petitioner had opted to apply for appointment. In any event, no such modification could be made after the last date fixed for submission of the applications. He lastly submits that the respondents in another advertisement dated 21.3.2007 have made contractual appointment of Allopathic doctors on the basis of a merit list prepared on basis of the marks obtained by them in the Degree Examination and not on the basis of any competitive examination for selection.

(3.) LEARNED Counsel for the State submits on instruction that due to large number of applications received, the respondents subsequently decided to go in for the process of a written examination for screening of the candidates.