IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8025 of 2001 NEELAM KUMARI Versus THE STATE OF BIHAR & ORS ----------- 5/ 16/9/2008. Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing on behalf of the respondent Commission. The petitioner was one of the several applicants for appointment on the post of Rajbhasha Assistant (Hindi) Catetory, Grade-III under Advertisement No.4/89. In pursuance of the process of selection, her name was amongst the 18 names recommended by the Commission. Out of the same, 13 are stated to have been appointed. An additional point has been urged on behalf of the petitioner that these 13 appointments including of persons below the petitioner in the merit panel also contains the names outside the list of recommendation. The petitioner is sought to be denied the appointment for the reason that subsequently the Rules for reservation have been changed when new statutory rules have been introduced in 1993. The law stands well settled that once an advertisement is issued, the process of - 2 - selection and appointment has to be completed on the basis of the conditions stipulated therein and as applicable on the date of advertisement, and which shall necessarily include the issue of reservation. The respondents are, therefore, required to consider the case of the petitioner for appointment in that perspective. While making such consideration, the allegation of persons below the petitioner having been appointed shall also have to be taken into consideration. The respondents shall be further obliged to examine the issue of appointments outside the panel, if there be any impediment in the appointment of the petitioner. More particularly, with regard to an order dated 29.3.2001 bearing Memo. No.34 in respect of one Kailash Das alleged to be outside the merit panel. Let such consideration be done and appropriate orders passed within a maximum period of three months from the date of receipt/production of a copy of this order. KC ( Navin Sinha,J )