NDLI: Dr. (major) Meeta Sahai Vs. State of Bihar & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	2013 – rr. 2(a) Service Law: Bihar Health Service (Appointment and Service Conditions) Rules 5 and 6(iii) Estoppel
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service Law:Bihar Health Service (Appointment and Service Conditions) Rules, 2013 – rr. 2(a), 5 and 6(iii) – Advertisement for appointment of Medical Officers – By State Public Service Commission – Mandating that only work experience in the hospitals of State Government was to be considered for granting marks for ‘Work Experience’ – Appellant’s work experience in Army Hospital was not considered – Writ Petition challenging such clause in the advertisement being arbitrary and contrary to rr. 5 and 6 (iii) – Writ Petition was dismissed by Single Judge of High Court – Writ appeal was also dismissed by Division Bench of High Court – Appeal to Supreme Court – Held: Rules 5 and 6 (iii) cannot be construed by applying principle of literal interpretation – The expression ‘Government Hospital’ cannot be construed by importing definition of ‘Government’ in s. 2(a) – The purpose behind formulation of the Rules was to recognize unique challenge of hospitals in the State and incentivise doctors to work in nonprivate hospitals – Any attempt to discriminate between hospitals run by the State Government and Central Government or Municipalities/Panchayati Raj Institutions is bound to hit the very ethos of Constitutional governance set up – Therefore, rr. 5 and 6(iii) are construed to include the experience gained by a doctor in any hospital run by the State Government or its instrumentalities, as well as any other non-private hospital run by Central Government, Municipalities and Panchayati Raj Institutions or other public authorities within the territory of the State – Constitution of India – Art. 14. Estoppel: Challenge to selection process – After having failed, going through such process – Whether estopped – Held: The principle of estoppel prevents a candidate from challenging the selection process after having failed in it – However, this principle is differentiated insofar as the candidate by agreeing to participate in the selection process only accepts the prescribed procedure and not the illegality in it – If the challenge alleges misconstruction of statutory rules and discriminating consequences arising therefrom, the same cannot be condoned merely because a candidate has partaken in it – Moreover, unless the candidate participates in the selection process, may not have locus to assail the illegality or derogation of the provisions.Interpretation of Statutes:Construction of statutory provision – Held: As a first step the Courts ought to interpret the text of the provision and construct it literally – This tool of interpretation can only be applied where the text of the enactment is susceptible to only one meaning – Where there is ambiguity in the meaning of the text, the Courts must also give due regard to the consequences to remedy such deficiency – When there are two plausible interpretations, the one which promotes constitutional values must be preferred.
Judge	Hon'ble Mr. Justice Surya Kant
Neutral Citation	2019 INSC 1387
Petitioner	Dr. (major) Meeta Sahai
Respondent	State Of Bihar & Ors.
SCR	[2019] 15 S.C.R. 273
Judgement Date	2019-12-17
Case Number	9482

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Dr. (major) Meeta Sahai Vs. State of Bihar & Ors.

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