Judgment

SEN, J. - This appeal by special leave is against the judgement and order of the Patna High Court dated 16th May, 1980 allowing the writ petition filed by respondent No. 4 Dr. Kameshwar Prasad and quashing the impugned advertisement No. 121, 1978 issued by the Bihar Public Service Commission inviting applications for the post of Deputy Director (Homeopathic) in the Directorate of Indigenous Medicines. Health Department, State of Bihar from scheduled caste candidates, and the consequent order of the State Government dated 30th May, 1979 for the appointment of the appellant Dr. Chakradhar Paswan to that post.

2. A few essential facts would elucidate the nature of the controversy. Prior to 1974 the Directorate of Indigenous Systems of Medicines was a part of the Health Department. On 14th March, 1974 the State Government appointed Dr. Nagesh Dwivedi, Manager, State Ayurvedic and Unani Medical Pharmacy, Bihar on an ad hoc basis to the post of Director (indigenous Medicines). He assumed charge on the next day and was confirmed in that post on 11th December, 1976. The State Government on 6th May, 1978 directed the creation of a separate Directorate of Indigenous Medicines, the Di