RAJNEESH RANJAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Mrigank Mauli, learned Senior Counsel appearing on behalf of the petitioners and Mr. P.N.Sahi, learned A.A.G.-6 assisted by Mr. Birju Prasad, learned G.P.-15 and Ms. Shweta Anand, learned AC to G.P.-15, for the respondent State of Bihar. Bihar Technical Service Commission has been represented by Mr. Nikesh Kumar, learned Advocate and Mr. Prashant Sinha, learned counsel has appeared for intervenors in opposition to the writ application.

(2.) The petitioners claim to be holding degree of Bachelor of Homeopathic Medicine and Surgery (BHMS) from recognized institutions.

(3.) The Bihar Technical Service Commission (for short Commission), on the basis of a requisition sent by the Health Department, Government of Bihar, has issued a notice containing Advertisements No. 4 of 2020 to 9 of 2020 inviting applications for filling-up the posts of Ayurvedic Medical Officer, Unani Medical Officer, Homeopathy Medical Officer, Ayush Physician (Ayurvedic), Ayush Physician (Unani), Ayush Physician (Homeopathy) in the pay-scale of Rs.9300.0034800 with grade pay of 5400/L-9. A total of 3270 posts have been advertised. Clause (4) of the advertisement discloses the process of selection from which it is evident that the merit list is to be prepared on the basis of the marks scored by the aspirants in their qualifying examination, namely, BAMS, BUMS, BHMS, Post Graduation (MD/MS or higher qualification) and, the points of work experience acquired by them while working on their engagement on contractual basis in recognized Government institutions/hospitals. Following is the brake-up of weightage as mentioned in the advertisement against the said three attributes :- <FRM>JUDGEMENT_28_LAWS(PAT)10_2021_1.html</FRM>