JUDGMENT :

T.S. THAKUR, J.

1. Leave granted.

2. These appeals arise out of a common order dated 10th March, 2010 passed by the High Court of Judicature at Patna whereby CWJC No.17734 of 2009 filed by the appellants has been dismissed. The short question that arises for consideration is whether the appellants were eligible for appointment as librarians in the schools run by the local bodies in the State of Bihar and if so whether a mandamus could be issued directing the respondents to announce the result currently lying in a sealed cover. The factual backdrop in which the question arises may be summarised as under:

3. Apart from nearly one lac posts of teachers in primary schools, secondary schools and higher secondary schools run by Municipal Corporation, Municipal Councils, District Boards and Panchayats as many as 2596 vacancies of Librarians were advertised by the Government of Bihar in terms of a Notification dated 29th August, 2008. The time schedule stipulated in the notification required the selection process to be completed by 24th December, 2008. The selection process was to be undertaken by Selection Committees at the district levels, although the composition of such Committees and the norms and procedures governing the selection process were not very clearly spelt out in the notification.

4. The appellants in these appeals also applied for appointment against posts of Librarians in response to the above notification. Their claim for such appointments was, however, turned down on the ground that they did not satisfy the conditions of eligibility prescribed for such appointments as they did not possess a Bachelor's Degree in Library Science from a recognised university. Aggrieved, the appellants filed Writ Petition No.17734 of 2009 before the High Court of Judicature at Patna which petition was dismissed by the High Court holding that the degrees in library science obtained by the appellants through Distance Education were not recognised.

The Distance Education Council had, observed the High Court, in terms of its letter dated 2nd December, 2008 clearly stated that Alagappa University from where the appellants had obtained the said degrees was not recognised till 24th November, 2009 when the said University was granted recognition for the first time. The High Court was also of the view that the process of appointment and selection stood completed by January, 2009, i.e. long before Alagappa University was recognised.

The High Court, therefore, saw no reason to permit the appellants to compete for appointment with other candidates. The High Court observed: "From the aforesaid factual narration, the core question that emerges for consideration is whether the students, who have passed from Alagappa University through Distance Education, can be allowed to participate in the counselling. There is no shadow of doubt that the Alagappa University did not have the recognition from the distance Education Council at the time of examination. It obtained post facto recognition on 24.11.2009, that is, at a very belated stage."

5. When the matter came up for hearing before this Court on 1st May, 2013, Mr. P.S. Patwalia, learned senior counsel appearing for the appellants argued that the reason given by the High Court for refusing relief to the appellants was unsustainable. He submitted that the process of selection had not been completed in January, 2009 as held by the High Court, but had continued till January, 2012. He contended that so long as the process of selection was on, the appellants' claim for consideration against the vacancies notified by the Government, could not be ignored or rejected by the State. Reliance in support of that submission was placed by Mr. Patwalia on certain documents filed by the appellants to show that the selection process had not concluded in January 2009 as observed by the High Court but continued till as late as the year 2012. After hearing the matter at some length we had by our order dated 1st May, 2013