A.K.Ganguly, J.

1. Since there was some urgency in the matter, the , matter was heard at some length at the admission stage itself and is being disposed of by this judgment. This writ petition has been filed for quashing the notification No. 236 dated 16.7.1997, as contained in Annexure-1 to the writ petition, issued under the signature of respondent No. 3, the Deputy Secretary to the Government, Department of Health, Medical Education and Family Welfare, Government of Bihar, Patna. Under the said notification dated 16.7.1997 tie appointment of respondent No. 4 Dr. Shekhar Choudhary to Nalanda Medical College Hospital, Patna in the Eye Department as an Assistant Professor from 1993 panel has been ordered.

2. The main ground of challenge to the said appointment by the petitioner is based on the interpretation of the advertisement notice. Learned Counsel for the petitioner submits that the appointment of respondent No. 4 could not have been made possible but for relaxation of his teaching experience by 23 days.

3. According to the petitioner the cut off date for counting teaching experience is 31st January, 1993 and on that date respondent No. 4 had not completed three years