JUDGMENT :

1. An intervention application, bearing LA. No. 2 of 2020, has been filed by the intervenors in C.W.J.C. No. 7175 of 2020, in support of the writ petition does not merit consideration, as the Patna High Court Rules does not permit intervention in support of the writ petition.

2. In view of the above, LA. No. 2 of 2021 in C.W.J.C. No. 7175 of 2020 is rejected. However, if so advised, the applicants may file separate petition.

3. Since all the writ applications involve the similar issue, with the consent of the parties all the writ applications have been heard together and are being disposed of by this common judgment.

4. Heard Mr. Manan Kumar Mishra, learned senior counsel for the petitioners. Mr. Arup Kumar Chongdar, Mr. P. K. Shahi, learned senior counsel for the intervenors, who were declared successful in the selection process, Mr. Manish Kumar, learned counsel for the State. Mr. Suraj Deo Yadav, learned GA, and Mr. Alok, learned counsel for the Bihar Staff Selection Commission.

5. The petitioners in all these writ applications are working on contractual basis in the Health Department as Lab Technicians. They have challenged the action of the respondent i.e. Bihar Staff Selection Commission in ousting them from the zone of consideration for appointment as Lab. Technicians after allowing them to participate in counselling.

6. At the time when they entered the service as Lab. Technicians, 2005 Rule vide notification dated 31.12.2005 was in operation. The definition of para-medical as per 2005 notification is quoted herein below:

"2. Definition:- In this rule unless, the context otherwise requires:-

(a) Para Medical/Para Dental means: Physiotherapy, Occupational Therapy, Orthotics and Prosthetic, Operation Theatre Assistant, Ophthalmic Assistant, Medical Laboratory Technician, Sanitary Inspector, X-ray Technician, Dental Mechanic, Dental Hygienist, Dresser, Hearing Language and Speech Therapy, E.C.G. Technician and those course of studies which are not covered by any rule, regulations/ act of the state/Central Government.

7. Learned counsel for the petitioners submits that in terms of 2005 Rules, the petitioners were eligible and as such they were inducted the service of State of Bihar on contractual basis and later on they rendered their valuable services as Lab. Technicians in the State run hospitals. Some of them have rendered their services for nearly 10-15 years.

8. Brief facts for deciding the present batch of writ applications are set out below:

An advertisement was published for regular appointment of Lab. Technician on 21.06.2015. The petitioners, who were working on contractual basis, have submitted their applications in response to the advertisement. The candidature of the petitioners were not rejected by the Commission at the thresh hold rather they were allowed to participate even in the counselling. Counselling was done on 29.05.2020. In between 2005 to 2020, important developments have taken place. After notification of 2005 in the year 2014, the Government in purported exercise of power under Rule 309 framed recruitment Rules for recruitment of Lab Technician vide notification dated 26.02.2017. Before commencement of the counselling in 2020, 2014 Rule was substituted vide notification dated 17.09.2019 and new qualification was introduced before commencement of the counseling. The relevant part of Rule 3, 6, 7 and 13, which has been substituted, Rules are quoted herein below:

3. Substitution of rule-3 of the Bihar Lab Technician Cadre Rules, 2014.- Rule-3 of the said Rules shall be substituted by the following:-

"3. Constitution of cadre.- The Lab Technician shall be state level cadre. In this cadre, number of posts in every category and total number of posts in the cadre shall be as many as may be sanctioned by the Government, from time to time."

"6. Qualification:- (1) For direct recruitment to the basic cate