JUDGMENT

KASLIWAL,J.:— Special leave granted.

2. These appeals by Dr. Arun Kumar Agrawal (appellant) and the State of Bihar are directed against the Judgment of the Patna High Court dated 20th December, 1990. The dispute relates for an appointment on the post of Assistant Professor in Neurosurgery in the Patna Medical College and Hospital, Patna in pursuance to an advertisement dated 19- 12-1987. The Selection Committee prepared a panel on 4-7-1988 Which was approved by the State Government on 26-9-88. In the aforesaid panel the appellant was placed at No. 1, Dr. Chandra Shekhar Kashyap at No. 2. Dr. Shankar Bhuwan Prasad at No. 3 and Dr. Chandra Mohan Jha at No. 4. Dr. Chandra Mohan Jha filed a writ petition in the High Court challenging the above panel on grounds inter alia that Dr. Agrawal, Dr. Chandra Shekhar and Dr. Shankar Bhuwan Prasad placed above him in the, panel did not fulfil the minimum eligibility criteria laid down in the advertisement for appointment to the post of Assistant Professor. Neurosurgery. His contention was that he ought to have been placed at No. 1 and he alone was eligible for being appointed as Assistant Professor, Neurosurgcry in terms of the advertisement. It may he mentioned at this stage that the controversy before us is between the appellant and Dr.Chandra Mohan Jha, respondent No.5.In order to appreciate the controversy it would be proper to reproduce the relevant revisions of the advertisement as translated in English and extracted in the Judgment of the High Court :-

Clause 2 (C):

"For the post of Assistant Professor and Registrar it will be essential for the candidate to have obtained in the same speciality for which the application is being made, M.D., M.S., F.R.C.S. (U.K.), M.R.C.O.G. (U.K.) or American Board of speciality or any other post graduate qualification, considered by the Medical Council of India,as equivalent to the aforesaid degrees. Postgraduate qualification obtained from the U. K. after November 11, 1976 shall not be granted recognition".

Clause 3

"For Assistant Professor:- (a) Resident/ Registrar in the same speciality or officers having worked on the two posts in an educational hospital, having obtained recognition from the Medical Council of India for conducting M.B.B.S. course, alone can apply (b) Service on any other accepted/ acknowledged teaching post (Jr. Surgeon/Jr. Physician) in the same subject for which the application is being made shall be considered equivalent to Registrar/ Resident. (c) In addition to the other conditions Resident/ Registrar in the concerned subject or medical officers having a minimum of three years experience on the two posts shall alone be eligible to apply. This, however, shall not be essential for Radiology, Skin & V. D., Anaesthesia, Neurology, Neurosurgery. Plastic Surgery or any speciality to be constituted in future, nor shall it be essential to obtain the prescribed minimum of 15 points for being posted in these subjects. In these subjects, however, in case one or more than one such candidates are available who have obtained three years teaching experience in the concerned speciality, then in that situation, the Medical Officers having such experience shall be entitled to foremost consideration for appointment and they shall be appointed although they might have obtained less points than those candidates who do not possess three years teaching experience".

Clause 3(f) (Cha):

"It is essential to obtain 15 points for appointment to the post of Assistant Professor, however, for the specialities enumerated in the aforesaid clause 3 the minimum point shall be 6. In case, candidates obtaining the aforesaid points are not available in the desired number then the Government, in order to f ill up the vacancies, shall have the right to relax the minimum points".

Clause 18:

"For the post of Registrar and Resident Doctor in the units (specialities) of Cardiology, Cardiotheracic Surgery, Neuro Surgery. Gastro Entrology, Paediatric Surgery and Kidney