IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4916 of 2010 1. MOBIN AHMAD S/O LATE AMIN AHMAD R/O VILL.- BRAHAMPUR MEHDI HASAN ROAD, (NEAR DARJI TOLA MASZID), P.O.- BRAHAMPUR, M.I.T., P.S.- BRAHAMPUR, DISTT.- MUZAFFARPUR Versus 1. THE STATE OF BIHAR 2. THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA 3. THE PRINCIPAL SECRETARY, PERSONNEL DEPARTMENT, GOVT. OF BIHAR, PATNA 4. THE PRESIDENT, BIHAR STAFF SELECTION COMMISSION, VETENARY COLLEGE, PATNA 5. THE SECRETARY BIHAR STAFF SELECTION COMMISSION, VETANARY COLLEGE, PATNA 6. THE SECRETARY, BIHAR STATE TRANSPORT DEPARTMENT, BIHAR, PATNA ----------- 02. 15.11.2010 Heard learned counsel for the petitioner and learned counsel for the State. An advertisement was issued inviting applications for appointment on the post of Motor Vehicle Inspector bearing no. 2607 dated 17.8.2007. The last date for receipt of applications mentioned in the advertisement was 21.9.2007. This writ petition has been filed on 8.3.2010 questioning the condition incorporated in the advertisement that possession of a license for a heavy motor vehicle was essential for appointment on the post of Motor Vehicle Inspector. It is submitted that earlier an advertisement no. 304 had been issued in which there was no such condition for possessing a license with regard to a 2 heavy motor vehicle. The Advertisement subsequently came to be cancelled. The inclusion of a new condition in the subsequent advertisement was unreasonable and arbitrary. The petitioner had represented on 2.10.2007, only whereafter the writ application had been filed. Learned counsel for the respondents submits that the appointment of Motor Vehicle Inspector is regulated by the Bihar Transport (Technical) Cadre Rules, 2003. The requisitions of advertisement are in pursuance of the same. No arguments have been made by the petitioner from the Cadre Rules to demonstrate or satisfy the Court that any condition has been incorporated beyond the rules in the advertisement. The kind of personnel required by the employer is for him to decide. The nature of work which is proposed to be taken from them and the purpose for which the personnel are required is again the employers discretion. Therefore to lay down the qualifications and conditions which a candidate must possess so as to be useful for the employer is for the employer alone to decide and not for the Court to substitute its views. The advertisement states that the applicant after a Diploma must possess work experience from an 3 institution recognized under the Factories Act for repairs and maintenance of both Petrol and Diesel vehicles in respect of light and heavy motor vehicles. There appears no condition incorporated with regard to possession of heavy motor vehicle license. Quite naturally the respondents consider it proper to appoint a Motor Vehicle Inspector who has proficiency in the both light and heavy motor vehicle maintenance. The Court cannot rewrite the conditions of the advertisement. In any event of the matter, the writ petition having preferred much belatedly in March, 2010 questioning an advertisement which mentioned the last date for submission of the applications as 21.9.2007 is highly belated. Any observation and/or directions at this stage with regard to the advertisement shall upset the entire procedure for selection that may have been followed by the respondents till now. Considered from both aspects, whether it be the merits of the matter or the question of delay there is no merit in this application. It is accordingly dismissed. P.K. (Navin Sinha, J.)