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2024 Supreme(Online)(Pat) 3987
PATNA HIGH COURT
HONOURABLE MR. BIBEK CHAUDHURI, J
Dr. Sangeeta Singh – Appellant
Versus
The State of Bihar – Respondent
Civil Writ Jurisdiction Case No.7171 of 2021
For the Appellants/Petitioners:Mr. Sanjay Singh, Sr. Advocate, Mr. Vikas Kumar, Advocate
For the Respondents:Government Advocate – 10, Mr. Sanjay Pandey, Advocate, Mr. Nishant Kumar Jha, Advocate
Actual publication required for marks allocation in academic appointments; mere acceptance for publication insufficient.
Headnote:(A) Constitution of India - Articles 15(1) and 15(3) - Assistant Professor appointment - Allocation of marks for journals - Petitioner argued for 10 marks for accepted publication in a medical journal - Court held that actual publication required for obtaining marks - Decision referenced judicial precedence emphasizing clear rules over equitable considerations - Equal treatment among candidates essential. (Paras 5, 12, 40, 45)
(B) Judicial Discipline - Court bound to follow precedents set by higher benches - Equitable principles cannot overrule clear statutory provisions. (Paras 21, 39, 42)
Facts of the case:
The petitioner challenged the refusal to award marks for her journal submission claimed as accepted for publication but not actually published by the interview date, which resulted in not meeting the cut-off for selection as an Assistant Professor.
Findings of Court:
The refusal to grant marks was upheld based on lack of actual publication and adherence to the clear conditions of the advertisement for the position.
Issues: The critical issue was whether accepted publications could qualify for marks under recruitment criteria versus actual publication.
Ratio Decidendi: The court ruled that actual publication is a strict requirement for eligibility and marks allocation, clarifying that mere acceptance does not fulfill the criteria established.
Result: Writ petition dismissed.
| Table of Content |
|---|
| 1. petitioner's application process details. (Para 1 , 2 , 3 , 4) |
| 2. petitioner argues for marks due to article acceptance. (Para 5 , 6) |
| 3. respondents clarify entitlement to marks. (Para 8 , 9) |
| 4. court discusses necessity of publishing papers. (Para 10 , 12 , 21) |
| 5. established standards for completed publications. (Para 15 , 16 , 17) |
| 6. contrasting judgments on publication acceptance. (Para 18 , 19) |
| 7. legal principles concerning equity vs. law. (Para 23 , 24 , 35 , 39) |
| 8. court's final decision dismisses the petition. (Para 34 , 40 , 41 , 42 , 46) |
CAVJUDGMENT
Date : 17-12-2024
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 contende
