TEJ NARAYAN RAJ Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for directing the respondents to issue interview letter (admit card) in favour of the petitioner to enable him to appear in the interview in connection with advertisement no. 15/17, for selection on the post of Assistant professor as also to declare that the academic qualification and experience of Senior Residency of the petitioner is appropriate in terms of the advertisement no. 15/17 and consequently, hold that the remark made against the name of the petitioner in the list of ineligible candidates by the Respondent-Bihar Public Service Commission (herein after referred to as the "BPSC") to the effect that the period of Senior Residency of the petitioner is less than three years in a recognized Medical College, is incorrect.

(2.) The brief facts of the case, according to the petitioner, are that the petitioner is a qualified Doctor, possessing the qualification of MBBS and MD and has been working on the post of Medical Officer, Government of Bihar, since the year, 2000. In the year 2009, applications were invited from suitable Medical Officers for preparation of panel of Senior Resident / Tutor for the tenure post and the petitioner, being a qualified and competent candidate, had submitted his application through the Civil Surgeon-cum-Chief Medical Officer, Bhojpur, opting for Nalanda Medical College, Patna, PMCH, Patna, SKMC Muzaffarpur, DMCH, Darbhanga and ANMC, Gaya for joining as Senior Resident Doctor, however, the petitioner was posted at VIMS, Pawapuri, Nalanda, by a common notification dtd. 10/5/2011, whereafter the petitioner had joined at VIMS, Pawapuri, Nalanda on 29/11/2011 to discharge his duties as a Senior Resident and there he had worked till 15/8/2015. In the meantime, the Respondent-BPSC had invited applications from eligible candidates for selection and appointment on the post of Assistant Professor for different faculties of Medical Science in different Medical Colleges by issuing advertisement no. 15/2017, pursuant whereof, the petitioner had applied for being appointed in the Department of Medicine. Nonetheless, the candidature of the petitioner was rejected with the remark:- "Senior Residency less than three years in recognized Medical College".

(3.) The learned counsel for the petitioner has submitted that though the advertisement in question under Clause 3(viii) states that the candidate must have experience of three years in the capacity of Resident/Senior Resident in a Medical College and Hospital of the State, however, the petitioner is having four years experience and he was sent to VIMS, Pawapuri, Nalanda by the Government of Bihar, thus, his experience for the period, the said Medical Institute was not recognized by MCI, should also be counted and in this regard, the learned counsel for the petitioner has relied on a letter dtd. 17/1/2018 sent by the Special Secretary to the Government, Health Department, Government of Bihar, Patna to the Secretary, BPSC, Patna wherein it has been stated that the experience of the petitioner at Vardman Institute of Medical Sciences, Pawapuri, Nalanda with effect from 17/5/2011 to 15/8/2015, be taken into account and the petitioner be considered eligible for interview in view of the fact that the petitioner was posted at the said Medical Institute by the State Govt. Thus, it is the submission of the learned counsel for the petitioner that there is no fault on the part of the petitioner, as such, his experience at VIMS, Pawapuri, Nalanda from 17/5/2011 to 15/8/2015 should be considered and he should be called for the interview.