RAJ KISHOR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner was appointed as a Medical Officer on contractual basis for two years by an order dated 04.09.2010 issued by the District Health Society, Gopalganj, and was posted at Primary Health Centre, Vijaipur of the said District, pursuant to which, he had submitted his joining on 07.09.2010. His engagement on contractual basis was subsequently extended. Subsequent to the petitioner's engagement on contractual basis, the State of Bihar framed Rules in exercise of the Proviso to Article 309 of the Constitution of India, namely, 'Bihar Health Services (Appointment and Service Conditions) Rules, 2013' (hereinafter referred to as the 'Rules'.)

(3.) Rule 6 of the said Rules prescribes inter alia, award of marks against different attributes of an aspirant for appointment in Bihar Health Service, including work experience, against which, maximum of 25 marks can be awarded to a candidate for his experience of work after his appointment in Government Hospital on contractregular basis, and, for each complete one year of work experience, candidates are to be credited with 5 marks. Relevant portion of Rule 6 of Rules is being reproduced hereinbelow for the benefit of quick reference: