Dr. (Major) Meeta Sahai vs State Of Bihar

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 sub­cadre 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:

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.

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 Page | 3 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.

7. Unsatisfied with this Order, the appellant filed a Letter Patent Appeal, with the foremost plea that the condition in the advertisement which restricted the work experience to only hospitals of Government of Bihar, was contrary to the Rules which gave weightage for experience in any Government hospital for the purpose of drawing the merit list. Further, it was highlighted that in Dharmbir (supra) the Division Bench had dismissed a petition relating to appointment of Dentists wherein a challenge had been made against grant of benefit of experience to contractual employees. This was contended as being different from the present case. Additionally, the appellant placed reliance on the English version of the analogous Bihar Dentist Service Rules, 2014 which explicitly defined the term ‘Government hospital’ to include hospitals run by both Central and State Government, to show that the same should be transposed to the present instance.

Purposive Interpretation

32. In addition, it is a well­known fact that several hospitals throughout the country have been set up by instrumentalities of the Central or State Governments, more notably the Employees’ State Insurance Corporation Hospitals, to cater to the need of poor and needy persons. These hospitals, therefore, are at par with other government hospitals for all intents and purposes, and the experience gained by a doctor in such hospitals subsume the characteristics acquired in a hospital set up by the Bihar Government.

CONCLUSION

37. For the reasons stated above, the appeal is allowed. Rule 5 & 6(iii) of the Bihar Health Service (Appointment and Service Conditions) Rules, 2013 are construed to include the experience gained by a doctor in any hospital run by the Bihar Government or its instrumentalities, as well as any other non­private hospital (including those run by the Central Government, Municipalities and Panchayati Raj Institutions; or other public authorities) Page | 21 within the territory of Bihar. Respondents are accordingly directed to rework and prepare a fresh merit list by granting due weightage to the appellant and other similarly placed candidates, within two months. We however clarify that grant of weightage on the basis of work experience shall have no bearing on the suitability of a candidate.

(SURYA KANT) NEW DELHI DATED : 17.12.2019 Page | 22