IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.9606 OF 2004 DR.AWADHESH KUMAR SINGH, SON OF LATE SHRI ATMA RAM VERMA, RESIDENT OF VILLAGE DAKULI, POLICE STATION MAHAUGANJ, DISTRICT HARDOI, UTTAR PRADESH ………………………………………………..PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY 2. THE SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA 3. THE SECRETARY, PERSONAL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVERNMENT OF BIHAR 4. THE BIHAR PUBLIC SERVICE COMMISSION, BAILEY ROAD, PATNA THROUGH ITS SECRETARY 5. THE DEPUTY SECRETARY –CUM- EXAMINATION CONTROLLER, BIHAR PUBLIC SERVICE COMMISSION, BAILEY ROAD, PATNA 6. THE CHAIRMAN, BIHAR PUBLIC SERVICE COMMISSIONER, BAILEY ROAD, PATNA ……………………………………………………………………………..RESPONDENTS ******* FOR THE PETITIONER :- MR. ANIL KUMAR TIWARI, ADVOCATE FOR THE S T A T E :- MR. S. P. VERMA, AC TO GA 3 FOR THE BPSC :- MR. K. B. NATH, ADVOCATE MR. DURGA NARAYAN, ADVOCATE ************** 5 11/01/2011 The petitioner is aggrieved by the fact that he was not considered for appointment on the post of Lecturer of ENT i.e. Shalakya Tantra. An advertisement was issued by the Bihar Public Service Commission vide Advertisement no. 11 of 2001, clause 22 of which indicates that those persons having the qualification in the subjects mentioned in clause 25 would be considered for appointment as Lecturer. One Dr. Rajesh Kumar Gupta having the Masters degree in Surgery was considered and called for interview for the post of Lecturer in Shalakya Tantra. Another advertisement being Advertisement No. 12 of 2001 was also issued by 2 the Bihar Public Service Commission for the post of Lecturer in Surgery. Dr. Rajesh Kumar Gupta was recommended by the Bihar Public Service Commission for both the posts but he did not join as Lecturer in Shalakya Tantra, rather he accepted the appointment made as Lecturer in Surgery in the Ayurvedic College. The petitioner’s main grievance is that the Bihar Public Service Commission while making the recommendation ought to have considered the name of the petitioner for appointment on the post of Lecturer in Shalakya Tantra as he had the requisite qualifications for the said post. The consideration of the name of Dr. Rajesh Kumar Gupta amounted to depriving the petitioner’s chances for being considered and was against the very advertisement as issued by the Bihar Public Service Commission contained in Annexure-R/4 and R/4A (which is the correction of R/4),. The said recommendations were finalized and appointments have been made. The stand of the State is that the appointments were made as per the recommendation of the Bihar Public Service Commission. The fact remains that the name of Dr. Rajesh Kumar Gupta was considered although the petitioner was available for being considered for the post having the qualification required. The stand of the Bihar Public 3 Service Commission that the petitioner was below in the merit list and, therefore, Dr. Rajesh Kumar Gupta was considered for the post is not justified in view of the advertisement, which specifically require that the posts of Lecturer would be filled in accordance with the qualifications of the persons applying for the subjects for which the posts were advertised. The present position is that as per the advertisement made in the year 2001, the post of Lecturer in Shalakya Tantra is still vacant. It is not clear as to whether subsequently, the post was filled up or whether any fresh advertisement was made for the said post. In view of the aforesaid facts, this aspect of the matter would need to be considered by the Director, Indigenous medicicines. In case, fresh advertisement has been made after 2001, the petitioner would obviously have no case for being considered for the post of Lecturer in Shalakya Tantra (Lecturer in ENT). However, if the post is still vacant, then steps may be taken to fill up the post in accordance with law and the petitioner would have the liberty to apply for the said post. If the petitioner has crossed the age limit, it may be condoned considering the fact that the petitioner was debarred from being considered for appointment by the Bihar Public Service Commission on misplaced interpretation of 4 Advertisement No. 11 of 2001. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )