IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3716 of 2010 1. THE BIHAR STATE AUDITOR ASSOCIATION THROUGH ITS JOINT SECRETARY NAMELY CHANDRA BHUSHAN KUMAR S/O LATE JUGAL KISHORE PRASAD R/O 22, PRIYA APARTMENT, RAJENDRA NAGAR,P.S-KADAMKUAN, DISTRICT & TOWN-PATNA AT PRESENT JOINT SEC RETARY, BIHAR STATE AUDITOR ASSOCIATION, DEPARTMENT OF FINANCE ( AUDIT) GOVT.OF BIHAR ,PATNA Versus 1. THE STATE OF BIHAR 2. THE CHIEF SECRETARY GOVT. OF BIHAR , OLD SECRETARIAT, PATNA 3. THE PRINCIPAL SECRETARY DEPARTMENT OF PERSONAL & ADMINISTRATIVE REFORMS, GOVERNMENT OF BIHAR,OLD SECRETARIATE, PATNA 4. THE PRINCIPAL SECRETARY DEPARTMENT OF FINANCE, GOVERNMENT OF BIHAR, OLD SECRETARIAT, PATNA 5. THE PRINCIPAL SECRETARY DEPARTMENT OF RURAL DEVELOPMENT, GOVT. OF BIHAR, NEW SECRETARIAT, VIKAS BHAWAN PATNA 6. THE DEPUTY SECRETARY DEPARTMENT OF RURAL DEVELOPMENT, GOVT. OF BIHAR, NEW SECRETARIAT, VIKAS BHAWAN PATNA ----------- For the Petitioner: M/s Nityanand Mishra & Rakesh Prabhat For the State : Ms Brijita Prakash, AC to GP 9 --------- 2. 11.03.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State. The petitioner is stated to be an Association of persons employed in the Department of Finance (Audit), Government of Bihar. A new cadre of Bihar Rural Development Services has been created by the State Government. A policy decision has been taken that pending regular appointment of Block Development Officer in that cadre the vacancies be filled up by interim ad hoc arrangement. The condition of eligibility for such ad hoc appointment has been specified in the government notification dated 19.1.2010 and in pursuance of the same an advertisement is stated to have been issued on 5.2.2010. The grievance of the petitioner association is that the advertisement specifies various departments of the State Government whose employees are eligible to apply, but it does not include the Department of Finance (Audit), though they may meet the conditions of eligibility. The petitioner association is stated to have represented for the purpose vide Annexures 5 and 6 on 15.12.2009/8.2.2010. While it would not be the jurisdiction of this Court to re- write conditions of advertisement but simultaneously this Court observes that when any appointment is to be made to a government post, endeavour should be made to grant equal opportunity to all who fulfill conditions of eligibility so that the best talent is made available keeping in mind that it is the duty of the Government also as a reasonable employer to provide equal opportunity to all who may be eligible to apply. The writ application is disposed with a direction to the respondents to consider and decide the representations by a reasoned and speaking order within a maximum period of four weeks from the date of receipt and/or production of a copy of this order when further course of action, if any, is for the respondents themselves to decide in accordance with law. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)