ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 06-09-2024 The controversy arises insofar as the shifting stance regarding requirement for admission to the Ophthalmic Assistants Diploma Course; a para medical course carried out in the State of Bihar and the eligibility condition for appointment as Ophthalmic Assistants, in the Health Department of the State.

2. An advertisement No. 1 of 2021 was brought out, produced as Annexure-7, which invited applications for appointment as Ophthalmic Assistants in 236 posts. The essential qualification required was Immediate/10+2 with Physics, Chemistry and Biology as also English. The petitioners herein are persons, who had acquired the qualification of Ophthalmic Assistants Diploma Course from Government Colleges but with an Intermediate/10+2; without Biology, but with Mathematics. The petitioners claim that the Government had provided different stipulations over the years for admission to the Ophthalmic Assistants Diploma Course and appointment to the public posts; at one time provided for appointment to even persons who had Intermediate/10+2 with Mathematics.

3. We heard Smt. Nivedita Nirvikar, learned Senior Counsel for the petitione