IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1162 of 2006 ASHOK KUMAR & ORS Versus THE STATE OF BIHAR & ORS ----------- 5/ 19/8/2008. Heard learned counsel for the petitioner and learned counsel for the State. Advertisement No.1 of 1990 was published by the Bihar State Subordinate Services Commission for filling up certain vacancies at the third Graduate level competitive examination. Consequent to the dissolution of the Commission, the task now vested with the Bihar Public Service Commission. The examinations were held in December, 1995 at which the petitioners claim to have been successful. The first recommendation in pursuance thereof was sent in 1996-1997 when the recommendation with regard to the petitioners for the post of Health Educators is stated to have been sent on 5.11.2003. When appointments were not made in pursuance of the same, the writ petition has been preferred. In the intervening period, the State of Bihar has been re-organized with a cut-off date fixed as 15.11.2000. This has necessarily required reallocation of posts of cadre to the State of Bihar and State of Jharkhand in the ratio 2=1. A necessary result would be a proportionate reduction in the strength of the cadre of Health Educators now available to the State of Bihar and on which appointments can be made. The argument of the State that now the appointments were to be made by the Staff Selection Commission and therefore the 2 recommendations made by the B.P.S.C. were out moded and stale is not fallacious, but preposterous. Likewise, the contention of the State that the vacancies of Health Educators falling to the State of Bihar consequent to the re-organization of the State shall have to be filled up in accordance with new reservation policy enunciated in the year-2000 is again preposterous. The law stands settled that the conditions stipulated in the advertisement shall prevail for appointment. Any subsequent change in the reservation policy shall be of no avail and the reservation policy as on the date of the advertisement shall be applicable. Since the recommendations of the successful candidates is already available and this Court expects that the final allocation of posts of Health Educators shall have been made by now with regard to the State of Bihar, let the appointments be made thereupon in order of merit and as per the reservation policy existing as on the date of the advertisement. Let such compliance be done and appointments made within a maximum period of three months from the date of receipt/production of a copy of this order. It is considered necessary to clarify that if the post allocation of Health Educators for the State of Bihar has not been formalized as yet, the period of three months shall be reckoned from the date of such formalization. The writ application stands disposed in the aforesaid terms. 3 KC ( Navin Sinha,J )