Eligibility for a post is determined based on the candidate's qualifications as of the last date of submission of application.

JUDGMENT :

P.B. BAJANTHRI, J.

In the instant L.P.A., appellants have assailed the order of the learned Single Judge dated 08.12.2015 passed in C.W.J.C. No. 16937 of 2015.

2. Brief facts of the case are as under:

The appellants were holders of MBBS Degree and Post Graduate Degree/Diploma Courses and such diploma were acquired from various Government Medical Colleges of State of Bihar. They were working as Medical Officer/Specialist Medical Officer with the Government of Bihar through the State Health Society on contract basis. The State Government issued Regulation called as ‘Bihar Health Services (Appointment and Service Condition) Regulation, 2013 (for short ‘Regulation, 2013). The Regulation consisting of method of recruitment to the post of General Doctors as well as Specialist Medical Officer. The Regulation also prescribes the education qualification. Later on Regulation, 2013 was amended while altering certain education qualifications like candidate must have acquired Diploma Courses with a relevant subject and that particular institution must be recognized by the Medical Council of India (MCI). The State Government intented to fill up the post of Specialist Medical Officer through the Bihar Public Service Commission (BPSC). BPSC proceeded to issue advertisement 01 of 2014 and 12 of 2014.

3. Appellants were candidate for recruitment to the post of Specialist Medical Officer pursuant to the advertisement issued in the year 2014. The post of Specialist Medical Officer was governed by the Regulation, 2013. Thereafter, it was amended on 25.09.2014 insofar as certain qualifications prescribed for the post. The State Government proceeded to recruit Specialist Medical Officer through the Bihar Public Service Commission. Method of recruitment to the post of Specialist Medical Officer reads as under :-

IMAGE

4. One of the qualification is relating to Diploma in the concerned subject and it should be recognized by the MCI. The appellants were possessing Diploma in particular subject like Diploma in Tuberculosis and Chest Diseases (DTCD) and Diploma in Gynaecology and Obstetrics (DGO) from the Patna Medical College and Darbhanga Medical College and Hospital. As on the last date of submission of application for the post of Specialist Medical Officer in the year 2014, some of the courses in the aforesaid medical institution were not recognized by the MCI like DTCD and DGO etc. Such recognition was ordered by the Government of India by its notification dated 29.12.2017. In the light of retrospective recognition of the aforesaid medical institution for the courses mentioned supra, the appellants are claiming that their names could be considered pursuant to the advertisement issued in the year 2014.

5. It is not disputed that the diploma courses undergone by the respective appellants were not recognized by the MCI as on the last date of submission of application for the post of Specialist Medical Officer pursuant to advertisement issued in the year 2014 and not even the date on which CWJC No. 16937 of 2015 was decided on 08.12.2015. In other words, the appellants were not eligible to apply for the post.

6. The Apex Court in the case of Union Of India vs Mahendra Singh [Civil Appeal No. 4807 of 2022 (arising out of SLP (Civil) No. 19886 of 2019] decided on 25.07.2022 held that last date of submission of application is relevant for recruitment to the post of the purpose of considering application for any post. In other words, as on the last date of submission of application one must be eligible. In the present case, appellants were not eligible as on the last date of submission of application in the year 2014 for the post of Specialist Medical Officer and their Diploma in the respective subject was recognized by MCI only on 29.12.2017 and by that time selection and appointment to the post of Specialist Medical Officer was over.

7. In the light of these facts and circumstances, the appellants have not made out a prima facie case, so as to interfere