MEETA SAHAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal has been preferred against the order dated 24.11.2016 passed by a Division Bench of Patna High Court in LPA No. 1860/2016, whereby appellant's work experience in an Army Hospital was not considered for grant of weightage and consequential selection and appointment as General Medical Officer in the State of Bihar, on the ground that Rule 6(iii) of the Bihar Health Service (Appointment and Service Conditions) Rules, 2013 (hereinafter, "Rules") mandated that only services rendered in employment of a hospital run by the Government of Bihar could count under the head of work experience.

(3.) Ostensibly to rectify a constant shortage of doctors in Bihar which was adversely impacting public health, the State of Bihar decided to fill vacant posts in hospitals. Accordingly, an advertisement was published by the Bihar Public Service Commission (hereinafter, "Commission") in various local newspapers on 18.07.2014, inviting applications from eligible candidates for filling up 2301 vacant posts of General Medical Officer in Bihar. The selection process was elucidated in Clause 5 of the Advertisement wherein general sub-­cadre doctors were to be selected on the basis of a merit list prepared by giving weightage for academic qualifications (marks obtained in MBBS -­ 50 marks, and higher degree -­ 10 marks), work experience (5 marks per year for a maximum of 25 marks) and marks obtained in interview (out of 15 marks). It is important to reproduce the relevant portion of the advertisement to aptly comprehend the selection criteria which is to the following effect: