Case Note & Summary
The dispute arose from an advertisement published by the State of Bihar inviting applications for junior teaching posts in medical colleges, with a cut-off date for applications set as 31st January 1988. Respondents, who were junior teachers, challenged this cut-off date, arguing it was arbitrarily fixed and violated Article 14 of the Constitution, as they had not completed the required three years of experience by that date. The High Court agreed, stating that the State had deviated from its usual practice of setting the cut-off date as 30th June of the relevant year. The State of Bihar appealed, contending that the High Court's decision was based on an erroneous assumption regarding past practices. The Supreme Court examined historical advertisements and found that the cut-off dates varied, and the practice was not uniform. The Court concluded that the State's choice of 31st January 1988 was not arbitrary, as it followed past practices and was based on practical considerations such as the number of vacancies and the availability of candidates. The Supreme Court set aside the High Court's decision, allowing the State's appeal and dismissing the writ petition without costs.
Headnote
A) Constitutional Law - Article 14 - Arbitrary Fixation of Cut-off Date - Constitution of India, 1950, Article 14 - The State of Bihar fixed 31st January 1988 as the cut-off date for applications for junior teaching posts, which was challenged as arbitrary. The Supreme Court held that the past practice was to fix the cut-off date about one month after the advertisement, thus validating the State's decision and overturning the High Court's ruling (Paras 474-475).
Issue of Consideration
Whether the fixation of 31st January 1988 as the cut-off date for applications was arbitrary and violative of Article 14 of the Constitution.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's decision, and dismissed the writ petition without costs.
Law Points
- Article 14
- arbitrary fixation of cut-off date
- eligibility criteria
- past practice in appointment processes
