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MOHIT KUMAR SHAH
Tej Narayan Raj S/o Shri Kishun Shafi – Appellant
Versus
State Of Bihar through the Principal Secretary, Department of Health & Medicine, Government of Bihar, Patna – Respondent
JUDGMENT :
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 petitione
The main legal point established in the judgment is that eligibility criteria for the post of Assistant Professor in General Surgery, as per the advertisement and Rules, 2009, require three years tea....
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Teaching experience for medical positions must be obtained from recognized institutions, and non-compliance with statutory qualifications results in disqualification.
The main legal point established in the judgment is that the experience of a Professor includes the experience of an Additional Professor as per the guidelines prescribed by the Medical Council of In....
The court held that procedural strictness in recruitment must be balanced with fairness, allowing exceptions for valid experience certificates issued by authorized personnel even if not counter signe....
The court established that a candidate's experience must be recognized as per the terms of prior court orders and that arbitrary denial of experience certificates undermines the principles of fairnes....
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