The Health Department of Government of Bihar issued a notification dated 14.10.2014, inviting applications for the posts of Dentists in Government Hospitals. The notification stipulated the criteria to be followed for selecting candidates. Clause-7 prescribes the procedure and Sub-Clause (2) thereof mandates that in the process of evaluation, marks would be awarded to the candidates based on the performance in B.D.S. and M.D.S.course, and for experience in the government hospitals as contractual employee, subject to a maximum of 25. 15% marks were earmarked for interviews.

The writ petitioners submitted their applications. They challenge the recruitment procedure contained in Clause-7, insofar as it provided for awarding marks for experience of candidates in Government Hospitals. It is stated that on earlier occasions, the Government engaged the service of many qualified candidates to serve as Dentists and, though such appointment was not on regular basis, the service rendered by such candidates is being taken into account, by awarding marks. The petitioners submitted that such a procedure is violative of Articles- 14 and 16 of the Constitution of India and the same c