Judgment N.P.Singh and N.Pandey JJ. 1. Let the intervenors be added as party-respondents. This writ application has been filed on behalf of the petitioners for directing the respondents to invite applications for, preparation of panel for appointments against the vacant posts of Assistant Professors in the different departments of the Medical Colleges in the State of Bihar. 2. The main grievance, which was made on behalf of the petitioners, is that the respondent-State is making appointments against the teaching posts from the panel prepared on the basis of advertisement issued in the month of December, 1937, jeopardising the interests of these petitioners, who have now become eligible for being considered for appointments against the posts of Assistant Professors. 3. During hearing of this application and other writ applications it has come to our notice that there is virtually a tug of war amongst different candidates, who became eligible for different teaching posting on different dates. The persons, who became eligible later, are anxious to delay the preparation of the panel, whereas the persons, whose names have been included in the panel, have been taking all steps including by filing writ applications of this Court for direction that appointments be made out of the panel prepared, in same cases even four to five years earlier. 4. The normal rule is that applications should be invited every year for preparation of a panel and appointments should be made in respect of vacancies occurring within one year from the date of notification of the panel till which date the panel remains valid. But it was pointed out that due to many factors including on the basis of interim orders passed by this Court on applications filed on behalf of persons aggrieved, in past there has been delay in preparation of panel and appointments have been made out of panel in respect of vacancies occurring after four to five years of the notification of the panel. 5. In the case of State of U.P. and Anr. V/s. Ram Gopal Shukla -- , the Supreme Court has held that even a statutory rule under Article 309 of the Constitution cannot provide to make appointment from a panel which has become stale, because any such rule shall be violative of Articles 14 and 16 of the Constitution. 6. By our order, dated 29-1-1990, we directed Mr. V/s. Ram Gopal Shukla -- , the Supreme Court has held that even a statutory rule under Article 309 of the Constitution cannot provide to make appointment from a panel which has become stale, because any such rule shall be violative of Articles 14 and 16 of the Constitution. 6. By our order, dated 29-1-1990, we directed Mr. S.N. Jha, learned Standing Counsel No. 1, to discuss the issues aforesaid with the higher authorities of the Department of Health and as to why this Court should not direct to follow a schedule in respect of inviting applications from the eligible candidates for being appointed against different vacant teaching posts and to prepare the panel on the basis of applications so received and to make appointments according to the schedule so that no person should make a grievance either on the ground that the appointments are being made from a panel, which has become stale or on the ground that applications are not being invited for years although several persons having better merit have become eligible, but are not being considered for appointments against such teaching posts, which are lying vacant. 7. A counter-affidavit has been filed on behalf of the respondents. In that counter-affidavit it has been stated that the State Government had already taken a decision in the year 1988 to prepare a panel for Junior teaching posts every year. It has been further stated that pursuant to the aforesaid order dated 29-1-1990, passed by this Court, the question regarding fixing a time schedule for preparation of panel every year, for making appointments against the teaching posts in the different Medical College of the State was considered by the Department. About the time schedule it has been said in the counter-affidavit as follows: 6. That the State Government has no objection in following the time schedule as indicated in the order, dated 29-1-1990 for preparing the panel. The State Government agrees to invite applications through advertisement by 31st December. every year, starting for the year 1991 by 31st December, 1990. The eligibility date will be fixed as 31-1-1991 which will be the last date for submitting applications. Applications, so received, will be processed and the panel will be notified by 31-12-1991 after completion of the necessary formalities. Appointment from the said panel will be made in respect of vacancies occurring from 1-1-1992 to 31-12-1992, 7. The eligibility date will be fixed as 31-1-1991 which will be the last date for submitting applications. Applications, so received, will be processed and the panel will be notified by 31-12-1991 after completion of the necessary formalities. Appointment from the said panel will be made in respect of vacancies occurring from 1-1-1992 to 31-12-1992, 7. That the same time schedule will be followed onwards and it will be a continuing and on going process. In our opinion, if a time schedule in respect of inviting applications, preparation and notification of panel on the basis of applications so received is followed and appointments are made against vacancies occurring one year from the date of the notification of the panel, it shall be for benefit of all concerned and shall eliminate to a great extent the process of push and pull between different batches for being appointed against teaching posts which are available in different years. Accordingly, we direct that: (i) For preparation of panel in respect of all teaching posts for the year 1990-91, applications must be invited on or before 31st December, 1990. (ii) The date of eligibility should be fixed by 31st January, 1991, which shall also be the last date for making applications. (iii) The applications so received, should be processed and panel in respect of different teaching posts be notified latest by 31st December, 1991, after completion of different formalities. (iv) Appointments from that panel be made in respect of vacancies occurring from 1st January, 1992 to 31st December, 1992. (v) The same schedule should be followed onwards. In other words, by 31st December, 1991 applications be invited for the year 1992 the last date for filing applications being 31st January, 1991. After hearing the counsel appearing for the petitioners, the intervening-respondents and the State, it appears that a special time schedule and cut off date has to be fixed in respect of the year 1990, It is more or less an admitted position that appointments against different teaching posts in different Medical Colleges have been made upto June, 1988 out of the panel prepared as early as in the year 1983. An advertisement was issued on 29th December, 1987 for preparation of a fresh panel for the year 1988. According to the petitioners, on the basis of applications received, a panel was approved by the State Government in the month of September, 1988. An advertisement was issued on 29th December, 1987 for preparation of a fresh panel for the year 1988. According to the petitioners, on the basis of applications received, a panel was approved by the State Government in the month of September, 1988. The learned Standing Counsel, No. I appearing on behalf of the Stats, pointed out that due to different interim orders passed by this Court and the representation filed of behalf of different applicants not a single appointment could be made from the panel prepared in respect of different teaching posts in the different Departments of the Medical Colleges prior to 4-1-1990. First appointment was made on 4-1-1990. This is not being challenged even on behalf of the petitioners. la such a situation, we have to take liberal view so far appointments are to be made against the puisl prepared on the basis of advertisement issued on 29th December, 1987. We have also to safeguard the interests of the persons like the petitioners, who were not eligible for making applications pursuant to advertisement aforesaid dated 29th December, 1987. But now they have become eligible. 8 Taking all facts and circumstances into consideration including the interest of the applicants, whose names occur in the panel prepared pursuant to the aforesaid avertisement dated 29-12-1987 and persons, who are waiting for making applications as and when fresh advertisement is issued, we direct that fresh applications be invited against different teaching posts for the year 1990 latest by 31st May, 1990 fixing eligibility of making applications as on 30th June, 1990. A panel on the basis of applications so received be prepared and notified latest by 31st December, 1990. 9. It may be mentioned that in the counter-affidavit filed on behalf of the State the respondents have agreed to advertise by 31st May, 1990, fixing 33th June, 1990 as the last date for making of the applications, but it has been said that panel on basis, of such applications shall be finalised and notified by 30th June, 1991. If we grant time till 30th June, 1991, it may lead to complication and confusion. As such, we direct that at least for the year 1990 the panel must be prepared and notified by 31st December, 1990. 10. If we grant time till 30th June, 1991, it may lead to complication and confusion. As such, we direct that at least for the year 1990 the panel must be prepared and notified by 31st December, 1990. 10. The next question is to be considered as to vacancies occurring between which period should be filed up from the panel prepared pursuant to the aforesaid advertisement dated 29-12-1987 and the panel to be prepared on the basis of advertisement issued by 31st May, 1990, As already mentioned above, that many vacancies which had occurred upto 30th June, 1988 have been filled up from the panel prepared in the year 1983, although by that time applications had been received for preparation of a fresh panel, we direct that the teaching posts, which have become vacant and which are to be vacant upto 31st March, 1990, should be filled up from the panel prepared on the basis of advertisement issued on 29th December, 1987. No appointment shall be made against any teaching post from that panel against vacancies occurring alter 31st March, 1990, All teaching posts, which became available for being filled up during the period between 1-4-1990 upto 31st December, 1991 shall be filled up from the panel to be prepared, pursuant to the advertisement, which is to be issued on or before 31st May, 1990 according to time schedule mentioned above. Thereafter, as already directed, vacancies occurring in the year 1992 from 1-1-1992 shall be filled up on the basis of advertisement issued by 31st December, 1990, 11. Before we part with this order we may mention that on behalf of the interveners-respondents it was pointed out that petitioner No. 1 has no locus standi at present to invoke the writ jurisdiction of this Court because neither she is applicant nor her name has been included in any panel. So far petitioner No. 2 is concerned, it was pointed out that his name has already been included in the panel prepared on the basis of advertisement issued on 29th December, 1987 and as such, there was no occasion on his part for invoking the writ jurisdiction of this Court for a direction to the respondents to invite a fresh application. But in view of the fact as already mentioned, that during hearing this writ application for admission and other writ applications, it appeared to be an admitted position that the different batches from different Medical Colleges of the State of Bihar, are interested in one way or other in either delaying the preparation of the next panel or delaying appointments from the panel, which has already been prepared, eligible for being appointed, we have fixed the aforesaid time schedule, which shall not only be in interest of the petitioners but also in the interest of the different applicants whose names appear in the panel or who shall become eligible for being considered for appointment against different teaching posts in different Medical Colleges of the State. 12. We are informed that some writ applications have been filed before this Court challenging the appointments made from 1983 panel in the year 1987-88. Any observation made by us, while fixing the time schedule, shall not prejudice the petitioners of those writ applications. 13. This writ application is, accordingly, disposed of. 14. Let a copy of this order be given to learned Standing Counsel No. 1.