JUDGMENT

SURYA KANT, J.

Leave granted.

2. The present appeal has been preferred against the order dated 24.11.2016 passed by a Division Bench of Patna High Court in LPA No. 1860/2016, whereby appellant’s work experience in an Army Hospital was Signature Not Verified Digitally signed by SANJAY KUMAR D 16a :t 3e 5: :2 50 61 In9 S. T12o.17t considered for grant of weightage and consequential selection and Reason:

appointment as General Medical Officer in the State of Bihar, on the ground that Rule 6(iii) of the Bihar Health Service (Appointment and Service Conditions) Rules, 2013 (hereinafter, “Rules”) mandated that only services rendered in employment of a hospital run by the Government of Bihar could count under the head of work experience.

FACTUAL MATRIX

3. Ostensibly to rectify a constant shortage of doctors in Bihar which was adversely impacting public health, the State of Bihar decided to fill vacant posts in hospitals. Accordingly, an advertisement was published by the Bihar Public Service Commission (hereinafter, “Commission”) in various local newspapers on 18.07.2014, inviting applications from eligible candidates for filling up 2301 vacant posts of General Medical Officer in Bihar. The selection process was elucidated in Clause 5 of the Advertisement wherein general sub-cadre doctors were to be selected on the basis of a merit list prepared by giving weightage for academic qualifications (marks obtained in MBBS - 50 marks, and higher degree - 10 marks), work experience (5 marks per year for a maximum of 25 marks) and marks obtained in interview (out of 15 marks). It is important to reproduce the relevant portion of the advertisement to aptly comprehend the selection criteria which is to the following effect:

“5. Selection Process – For appointment of the doctors in the general sub cadre the candidates shall be selected on the basis of the merit list prepared on the basis of the academic qualification, work experience and the marks obtained in the interview. In case there are more applications than the vacancy/vacancies, five times candidates shall be invited for the interview as against the vacancy/vacancies prescribed reservation wise.

100 marks shall be prescribed for academic qualification, work experience and interview. The 100 marks shall be counted as under-

Marks obtained in M.B.B.S. – total 50 marks Master’s degree or higher degree – total 10 marks Work experience after appointment on regular/contract basis in the Government hospitals (the work experience of the Government hospital of the Government of Bihar only shall be counted) – total

25 marks But 05 marks shall be given for the work experience of the whole year, thus, maximum 25 marks shall be given.

Oral interview – total 15 marks.

Note – (a) The marks given to any candidate on the basis of the M.B.B.S. course shall be on multiplication of 0.5 with the total of all the examinations of the said course, viz., if the total of the total marks obtained by any candidate in all examinations of the M.B.B.S. coms to

50%, then he shall be given 50% x 0.5 = 25 marks.

(b) (sic)

(c) There shall be requirement of minimum 30 marks on the basis of academic qualification, work experience and interview for consideration of any candidate for appointment in the general duty sub cadre.”

(emphasis supplied)

4. Pursuant to this advertisement, the appellant also applied for the post of General Medical Officer. She was called for an interview where she was informed that no marks could be granted under the head of ‘work experience’ as she lacked experience in a hospital run by the Government of Bihar. Post conduction of interview, a merit list was prepared. The appellant was unsuccessful in securing a place in the merit list as she had obtained only 42.61 marks which did not meet the prescribed cut off of

53.04 marks for the General Category.

5. The aggrieved appellant filed a writ petition before the Patna High Court challenging Clause 5(iii) of the advertisement issued by the Commission to the e