Krishna Ballabh Sinha, J.- The State of Bihar in the Department of Health lame out with an advertisement in a local newspaper "AAZ" on the 1st of June, 1983, inviting applications from eligible candidates for preparation of panels for appointment/posting on various teaching posts in different Departments of the Medical Colleges of this State. A copy of the advertisement is Annexure 2 to this petition (C.W.J.C. No. 2848/88). It is mentioned in Annexure 2 that a panel will remain operative for twelve months from the date of its approval by the State Government or until a fresh panel is prepared.

2. Two learned Judges, forming a Bench of this Court, were divided in their opinion as to the decision to be given with regard to the life of the panel prepared in pursuance of the said advertisement (hereinafter referred to as 'the 1983 Panel"), which necessitated reference of these cases under Clause 28 of the Letters Patent. Although, learned Judges, in their separate judgments have expressed divergent views, but it appears that it was not considered necessary by their Lordships to specifically formulate the point, on which difference of opinion was expressed. On perusal of the prep