@JUDGMENTTAG-ORDER
1. These three petitioners have filed this application for quashing the notice dated 15.8.93 contained in Annexure 3 issued by the (sic) G. of Police (Administration) for physical test for the post of Sub-Inspector and equivalent post scheduled to he held on 2nd August 1993 on the basis of an advertisement made in the local newspapers on 18.7.93. The petitioners applied in pursuance of the said advertisement no. 2/93 dated 18.7.93 published in the local newspaper ''Hindustan'' for the post of Sub-Inspector and equivalent posts. In the similar manner, a notice was published in the local newspaper ''Hindustan'' on 15.8.93 and in other newspapers, stating that the physical test will be held in different centers of the districts on 22.8.93, 24.8.93, 25.8.93, 26.8.93 and 27.8.93.
2. The sanctioned post for Sub-Inspectors are 1625. this Court in writ petition no. 3280 of 1991 had directed that these vacancies should be filled up only by fresh advertisement and not from the State panel prepared five or six years ago. In that case the appointment was claimed on the basis of the old panel prepared in the year 1985-86. this Court deprecated the proposed appointment on the basis of such panel and held that it would deprive all other similarly situated persons who might have acquired necessary qualification and eligibility for such appointment during all these intervening period of five to six years. In this view, this Court, after considering these facts, directed that these vacancies should be filled up by issuing a fresh advertisement through the Bihar Public Service Commission and such vacancies should not be filled up from the same panel prepared six years ago. In the light of the said decision, the present advertisement was made and it was published on 18.7.93.
3. It is pointed out that the Government was anxious to fill up these large number of vacancies of Sub-Inspectors which was pending in this State since long. In absence of such appointment of Sub-Inspectors, the administration of the government in the police department suffered a great deal particularly keeping in view the law and order situation and, therefore, the Government in its wisdom and anxious consideration decided to fill up these vacancies as early as they could and with that end in view they advertised these vacancies in the newspapers which was widely published on 18th July 1993. In accordance with the said advertisement such applicants who were eligible to apply had enough opportunity to make such application. Last date for receiving such application was notified as 12.8.93. It was further indicated that the physical test shall be held on 22.8.93 and for which a separate notice was published in newspapers of wide circulation on 15.8.93 giving the details of places where the physical test are to be held on different dates continuing from 22nd August, 1993 to 27th August, 1993 at different centres.
4. Before advertising these large vacancies in newspapers calling application from the eligible candidates, the government considered certain amendment in the old Police Manual and in exercise of its power under Article 309 of the Constitution, certain amendments in Rules 653, 654, 655, 656 and 658 were introduced on 13th July 1993 before advertisement but it was published in the Gazette only on 1st August, 1993.
5. The only point which has been raised before us is that the publication of the Gazette notification relating to amendment in different rules of the Police Manual was published only on 1st August 1993 and, therefore, the right of the applicants, was affected. We do not accept this contention. We do not see how the right of any applicant to apply could come into existence before the date of advertisement, calling for such applications. The advertisement in this case was made on 18.7.93 after the government had already taken a decision and amended certain old rules on 13th July 1993 itself. The advertisement was made only after that decision was taken on 13.7.93. The right of the applicant to apply for the post came into existence only after the advertisement was published on 13.7.93 in the newspapers circulated throughout the State. Sufficient time had been given therein for making application and almost 25 days time was given for receiving of the applications, the last date being 12th August, 1993. The eligibility, the qualification etc. were all indicated in the advertisement and by the subsequent notice published on 15.8.93 different dates for physical test were also notified by publication in large number of newspapers continuing from 22nd August, 1993 to 27th August, 1993 to be held in different district headquarters. Therefore, we do not see any force in the contention that the right of any person was affected by these amendments as such published on 1.8.93. It was conceded that the government had the power to introduce these amendments in the rules in exercise of the power under Article 309 of the Constitution. No infirmity has been pointed out in the advertisement itself nor any clauses thereof setting up the qualifications, eligibility etc. have been shown to be unreasonable. Likewise, even in the amended rules no such infirmity of unreasonableness has been pointed out. Therefore, the validity of the amended rules or the validity of the advertisement in question has not been challenged on the ground of unreasonableness except on the solitary ground of its publication in the official gazette only on 1st August, 1993. We, therefore, find no valid reason to interfere with the decision of the Government in filling up these vacancies at the earliest in accordance with the advertisement published on 18.7.93. We, accordingly, dismiss this application. At last it was contended that the date for physical test may be extended. That is not for this Court to consider when the dales for physical tests in different districts on different dales have already been notified in newspapers. We, therefore, find no plausible reason to interfere with Annexure 3.
6. In the result, the application fails and is accordingly dismissed. Let a copy of this order be handed over to the counsel appearing for the parties.
