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 advertise