LAWS(PAT)-2009-11-147

STATE OF BIHAR Vs. KISHORE KUMAR

Decided On November 26, 2009
STATE OF BIHAR Appellant
V/S
KISHORE KUMAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the appellant as also some interveners in support of the State of Bihar, the appellant. Also heard learned counsel appearing for the respondent and some interveners who have intervened to support the writ petitioner, respondent no.1.

(2.) By the order under appeal dated 4.6.2008 writ petition preferred by respondent no.1 has been allowed, and the corrigendum dated 14.12.2007 requiring the candidates for appointment on contractual basis on the post of Unani, Ayurvedic and Homeopathic doctors to appear at a written examination, has been held to be bad. As a consequence, the State of Bihar and concerned respondents had been directed to proceed with the consideration of cases of the applicants in terms of the original advertisement published on 19.4.2007, in response to which the petitioner has claimed to have applied.

(3.) The relevant facts are not in dispute. An advertisement was published by the authorities concerned on 19.4.2007 inviting applications for appointment on contract basis for 11 months as Unani, Ayurvedic and Homeopathic doctors. The qualification required a candidate to have the requisite degree and also registration with the concerned Board. The age limit was up to 60 years. The last date for submitting applications was 15.5.2007. The advertisement stipulated that merit list would be prepared on the basis of marks obtained at the University level in the concerned degree course or equivalent course. On 14.12.2007 a corrigendum was published providing for holding of a written examination in order to select the suitable candidate who had applied.