Actual publication of an article is required to qualify for marks in selection processes, as mere acceptance does not suffice.

JUDGMENT :

(Bibek Chaudhuri, J.)

1. The Petitioner has approached this Court under Constitutional Writ Jurisdiction for the following relief: -

“a. For direction to the respondent Bihar Public Service Commission to allocate 10 marks for journals published by the petitioner in terms of Clause-3 (kh) of Advertisement No. 20/2017 dated 24.04.2017 issued by Bihar Public Service Commission for appointment of 1171 posts of Assistant Professor in different medical colleges of State of Bihar.

b. For direction to the respondent Bihar Public Service Commission to add the said 10 marks in total marks 31 obtained by petitioner in interview and recommend the name of petitioner for appointment on the post of Assistant Professor in OBST and Gynecology subject pursuant to Advt. No. 20/2017.

c. For direction to the respondent authorities to appoint the petitioner on the post of Assistant Professor in Medical College of State of Bihar in OBST and Gynaecology subject pursuant to Advt. No. 20/2017 dated 24.04.2017 issued by Bihar Public Service Commission.

d. For any other relief/reliefs for which the petitioner is found entitled too.”

2. Facts of the case which led the Petitioner to approach this Court is very short. Pursuant to Advertisement No. 20/2017, dated 24th of April, 2017, issued by the Bihar Public Service Commission (hereinafter referred to as “BPSC” for short), the petitioner submitted her candidature to the post of Assistant Professor in Medical College of the State of Bihar in Obstetrics and Gynecology.

3. As per advertisement notice, educational qualification / experience for the said post was as follows:

A. Educational Qualification/Experience:-

(a) For appointment to the post of Assistant Professor, it shall be essential for the candidate to have PG Degree in specified subject and 03 years teaching experience as Senior Resident / Tutor in specified subject after Post Graduation from Medical Colleges & Hospitals recognized by the Medical Council of India.

(b) Officers of the State Health Service, who have already served as Resident / Senior Resident / Tutor for minimum 03 years in teaching institution recognized by the Medical Council of India shall be eligible to apply for the post of Assistant Professor.

(c) For PG Degree MD, MS and DNB will be valid. PG diploma will not be valid.

(d) MBBS, PG and DM, M.Ch., DNB (Super Speciality) Degree from colleges / institutions should be recognized by the Medical Council of India.

B. For Super Speciality Department / Unit, the tenure of DM / M.Ch. will be counted for eligibility in the light of the above Advertisement. Direct recruitment for the post of Assistant Professor in Super Speciality subjects, DM / M.Ch. / DNB (Super Speciality) is essential with basic speciality subjects of MD / MS / DNB.

3. The selection test was taken by an Expert Committee. The petitioner got 5 marks for MBBS, 5 marks for Speciliaty Subject, 10 marks for MD/MS/DNB, 00 (zero) marks for Ph.D./DM/MCH, 10 marks for experience in Government Sector and 00 (zero) marks for Published Journals. She also got 01 mark in the interview.

4. Thus, the petitioner got 31 marks under the selection test, whereas the cut-off mark in unreserved category was fixed at 37.5. The candidate having merit position in Sr. No. 27 was selected for the post of Assistant Professor. As the petitioner failed to secure the minimum cut-off marks, she was not selected in the said interview.

5. It is contended on behalf of the petitioner that the BPSC illegally and arbitrarily refused to allot 10 marks fixed for publication of articles in the journal. Actually, an article authored by the petitioner was selected for publication in a medical journal and it was intimated to the BPSC. Due to one reason or other, as for example, rotational turn for publication, specific limit of pages of the particular journal or other similar reason, the article of the petitioner was not actually published in the medical journal, but when the article of the petitioner was s