B.C.Basak, S.N.Jha and N.Roy JJ.

1. Inasmuch as this writ application can be disposed of on a very short point, it is not necessary for us to go into the larger issue as to whether the principle of natural justice would apply where the initial appointment has been made in violation of Article 16 of the Constitution of India for the simple reason that in the present case upto now there has been no formal order of termination of service. In this context, reference may be made to the decisions of the Supreme Court in H.C. Puttaswamy and Ors. V/s. The Hon ble Chief Justice of Karnataka High Court and Ors. -- and Shrawan Kumar Jha and Ors. V/s. State of Bihar and Ors. -- .

2. Accordingly, we pass the following order. There is no formal order of termination as yet. The petitioners, who are five in number, must be given a personal hearing for showing cause as if it is intended to terminate their reason as to why their appointments shall be terminated on the ground that such appointment was irregular on illegal on any ground. This decision must be taken by the Health Secretary, Government of Bihar, Patna, personally inasmuch as there seems to be some doubt on the question as to who