IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.16284 of 2010 ====================================================== 1. Dr. Md. Ali Muzaffar S/O Md. Aqmarul Muzaffar 173/D, Patliputra Colony, Patna-800013 2. Dr. Pankaj Kumar S/O Late Ramchandra Ram At Fulwariya, P.O. & P.S.- Sindala, Distt.- Nawada. .... .... Petitioners. Versus 1. The State Of Bihar Through Chief Secretary Govt. Of Bihar, Old Secretariat, Patna 2. The Principle Secretariat Deptt. Of Health, Govt. Of Bihar, Old Secretariat, Patna 3. The Additional Secretary Deptt. Of Health, Govt. Of Bihar, Old Secretariat, Patna 4. O.S.D., Deptt. Of Health, Govt. Of Bihar, Old Secretariat, Patna .... .... Respondents ====================================================== For the Petitioners :Mr. Gyanendra Kumar Shukla, Adv. For the Respondent/s :JC to. (Ga5) ====================================================== 3 05.05.2011 An advertisement was issued in terms of Annexure-1 to prepare panel for senior resident and tutor for appointment in various disciplines of medicine department in various colleges under the State. This advertisement was sought to be modified by a corrigendum which is Annexure-2 dated 25.12.2009. Petitioner filed the writ application stating that the corrigendum issued by the respondents is an arbitrary act on the part of the State. This has changed the terms and conditions of the initial advertisement and such changes have implications for the petitioner in being shortlisted and / or empaneled in terms of the advertisement. State has filed a counter affidavit. Though they are not very articulate about the reasons which have been indicated in the counter affidavit, but the essence of the same emerges after perusing the Senior Resident. Tutor and Bihar Medical Education Cadre Recruitment, (Appointment and Promotion) Rules, 2008. This rule has been notified in the gazette for the first time on 10th October, 2008 and the object of such a rule is to stream-line appointments and creation of panels of resident and tutors belonging to Bihar Medical Education Service. There is indication in the said rule itself that as the Rule has been notified in the year 2008 the preparation of the panel for the year 2008 will have to be improvised but so far as preparation of panel from 2009 is concerned the time as prescribed in terms of resolution no.968(17) dated 31-10-1990 will be adhered to. Obviously Annexure-1 is the first advertisement issued by the respondents after the coming of this Rule. Therefore there is some confusion as to what will constitute the time frame for eligible persons to be permitted to be enrolled or included in the panel. It is with this object that corrigendum has been issued. There is a reasons for the petitioner to challenge the corrigendum because it has effect of ousting from the zone of consideration in this advertisement as he was pursuing his studies and if the corrigendum is not adhered to then may be he had a chance for inclusion in the present panel since he has finally passed out in the year May 2010. The reasons for the corrigendum cannot be said to be contrary to the object of the initial advertisement the Rule. No interference is required but the State authorities will have to take steps for preparation of the panel every year in time and that will give opening to the petitioner when his terms comes. The writ application stands disposed of with the above observation. PN (Ajay Kumar Tripathi, J.)