IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.49 of 2025 In Civil Writ Jurisdiction Case No.7171 of 2021 ======================================================

Dr. Sangeeta Singh ... ... Appellant Versus The State of Bihar & Ors.

... ... Respondents ======================================================

Appearance :

For the Appellant/s : Mr. Sanjay Singh, Sr. Advocate Mr. Rudrank Shivam Singh, Advocate For the State : Additional Advocate General (9)

For the B.P.S.C. : Mr. Sanjay Pandey, Advocate Mr. Nishant Kumar Jha, Advocate Mr. Prabhakar Pahepuri, Advocate ======================================================

CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)

3 12-02-2026 This Letters Patent Appeal has been filed by Dr.

Sangeeta Singh challenging the order dated 17.12.2024 passed by the learned Single Judge in C.W.J.C. No. 7171 of 2021.

2. The aforesaid writ petition was filed by the appellant seeking for 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 to.”

3. Upon issuance of notice, counter affidavits were duly filed on behalf of Respondent Nos. 3 to 5 to which the appellant submitted a rejoinder affidavit traversing the averments made therein. The learned Single Judge, in the impugned order, was pleased to observe that, as on the date of selection, the petitioner had failed to produce proof of publication of the concerned paper in a recognized medical journal. Consequently, the Expert Committee was justified in declining to award the petitioner 10 marks under the relevant head.

4. The learned senior counsel for the appellant further drew attention to the advertisement, annexed to the writ petition as Annexure-1 wherein under Clause-5(3)(kh), it is stated that maximum of 10 marks will be awarded for publication in All India Medical Journal, which is as follows:

“5.(3)(kha). Additional marks will be allotted to a candidate for original publication as a contributing author in recognized (journals) as follows; A candidate will be considered the original author of a publication if he/she obtains and submits a certificate to this effect from the Professor-in-Charge of the subject or the Head of the Department under whose supervision he/she prepared the paper.

(a) xxx xxx xxx (b) 2 marks for each publication in an All India Medical Journal, which is the official organ of an All India Society or Association, or in a foreign medical journal, which is the official organ of a similar national or international society or association, subject to a maximum of 10 marks.”

5. The learned senior counsel for the appellant submits that the appellant had already submitted the articles for publication in the concerned journals and that acceptance letters had been duly issued which were produced before the concerned authority and subsequently, the articles were also published in the respective journals. It is further submitted that, in view of the decision rendered by the Division Bench of the High Court of Judicature at Bombay, N