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2016 Supreme(Pat) 1258

HEMANT GUPTA, VIKASH JAIN
Meeta Sahai Wife of Dr. Pranava Dutta Verma – Appellant
Versus
State of Bihar through Chief Secretary – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Bindhyachal Singh, Mr. Parijat Saurav
For the B.P.S.C. : Mr. Sanjay Pandey
For the State : Mr. J.K. Roy

JUDGMENT :

Hemant Gupta, J.

Heard learned counsel for the parties.

2. The challenge in the present Letters Patent Appeal is to an order passed by the learned Single Bench of this Court on 22nd of August, 2016 in C.W.J.C. No. 7323 of 2015, whereby the writ application filed by the appellant claiming benefit of experience having worked in an Army Hospital was declined.

3. An advertisement was published by Bihar Public Service Commission on 18th of July, 2014 inviting applications for filling up the 2301 posts of Medical Officers. In Clause 5(iii) of the Advertisement (Annexure-2) pertaining to selection procedure, it was mentioned that a candidate who has an experience in a Government hospital will be granted total 25 marks i.e. 5 marks for each completed year. It was also specified that for the said purpose, experience in the Government hospital of the Bihar Government shall only be taken into account.

4. Challenge is to the condition where the experience of serving in a Bihar State Hospital alone was made relevant for the purpose of counting of experience. It is contended that such condition in the advertisement is contrary to the Bihar Health Service (Appointment and Service Condition)




























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