Judgement

S.C. AGRAWAL, J.:- SLP (Civil) No. 8444 of 1993.

I.A. No. 1 of 1993 allowed. Special leave granted.

SLP (Civil) No. 7415 of 1993

2. Special leave granted.

3. Both these appeals arising out of the judgment of the High Court of Patna dated March 12, 1993 in C.W.J.C. No. 7475 of 1992, raise the question whether the law laid down by this Court regarding fixation of marks for interview in a selection would apply to a case where there is no written test and the selection is made on the basis of academic performance and interview.

4. The selection in the present case was for appointment on the post of Unani Medical Officer.

5. The post of Unani Medical Officer was declared a Gazetted (Class II) post by the resolution of the Government dated April 1, 1979. On November 25, 1989, the Government of Bihar sent a requisition to the Bihar Public Service Commission (hereinafter referred to as the Commission) regarding appointment on 22 vacant posts of Unani Medical Officers. In the letter of requisition was stated that the procedure of appointment etc. on these posts will be the same which applies to the incumbents of the State Service cadre. The maximum age of the candidates on January 1, 198