The State Government was, therefore, directed to shift the last date for receipt of the applications from 3 1st January 1988 to 30th June, 1988 and to prepare a fresh panel thereafter and make appointments to the posts in question therefrom.
In order to dispel this assumption made by the High Court without examining the past advertisements the State Government has placed before us the advertisements issued from 1974 to 1980 which shows that different cut off dates were fixed under these different advertisements and at numbertime in the past between 1974 and 1980 was 30th of June fixed as the relevant date.
The State of Bihar published an advertisement inviting applications for appointment to the posts of i Assistant Professor clinical subject ii Registrar iii Assist ant Clinical Pathologist iv Anesthetist v Resident Medical Officer and vi Demonstrator Tutor in number clini cal subject for different Medical Colleges and Medical College Hospitals in the State of Bihar.
The State of Bihar feeling aggrieved by this order has approached this Court by special leave.
The learned companynsel for the State submitted that the decision of the High Court was based on an erroneous premise that the cut off date for eligibility purposes was always fixed as 30th of June of the relevant year in the past.
The last date for receipt of the application was fixed as 31st January, 1988.
The High Court took the view that the State Government had deviated from its usual practice of fixing the cut off date as 30th of June of the relevant year.
It was companytended that this cut off date was arbitrarily fixed and was, therefore, violative of Article 14 of the Constitution.
Special leave granted.
On some occasions in the past the cut off date was extended, depending on the facts and circumstances obtaining at the relevant point of time.
From the Judgment and Order dated 17.1.1989 of the Patna High Court in C.W.J.C. No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Pursuant to the said adver tisement applications were received from eligible candidates and the select list or panel was prepared for appointments to the respective posts.
The facts giving rise to this appeal, briefly stated, are as under.
The Judgment of the Court was delivered by AHMADI, J. Delay companydoned.
1837 of 1990.
The respondents and some interven ors who held appointments as junior teachers in one or the other Medical Colleges in the State questioned the validity of the States action of inviting applications for prepara tion of a list for appointments to the advertised posts mainly on the ground that the last date for receipt of applications fixed as 31st January, 1988 hereinafter called the cut off date deprived them of the opportunity to companypete for the posts as they did number companyplete the requisite experience criterion of three years by that time.
Pankaj Kalra and Pramod Swarup for the Respondents.
For the post of Assistant Professor only such officers who had worked as Resident or Registrar in Medical Hospital recognised for imparting M.B.B.S. studies by the Medical Council of India and having three years experience of such post were companysid ered eligible.
This appeal arises out of the decision of the Patna High Court whereby it struck down the selection made for appointments in the junior teaching posts in medical companyleges in the State and directed a fresh selection list to be prepared after shifting the last date for receipt of applications to 30th June, 1988.
4276 of 1988, Sharan for the Appellants.
