SUNIL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE two writ petitions were heard together as the facts are common and the prayer in the writ petitions are also virtually the same. Hence, they have been heard together and are being disposed of by this common judgment.

(2.) IN CWJC No. 7150 of 1997 there are fifteen petitioners. Petitioner No. 15 was added by order, dated 25.11.1997 passed in I.A. No. 6662 of 1997. The prayer in the writ petition is that the respondents in the Health Department should provide facility of Training Reserve Post (for short 'the T.R.P.') to the petitioners in terms of Clause 7(v) of the Prospectus For Post Graduate Medical Evaluation Test (hereinafter to be referred as 'the P.G.M.A.T') as published in the years 1995, 1996 and 1997.

(3.) THE main contention advanced by learned Counsel appearing on behalf of the petitioners is that the Health Department/State Government could not have revoked the facility and the consequences of the facility of providing training reserve posts for persons who had opted to carry on with the post graduate studies with respect to certain subjects defined in the prospectus. It was further contended that the order should also be quashed on the ground that the effect of the order was retrospective inasmuch as it was to take effect from 15.8.1996 although the actual date of issuance of the order was 29.12.1997.