Holding

Rule 5 and 6(iii) of the Bihar Health Service Rules must be construed to include work experience gained in any non‑private hospital run by the Bihar Government, its instrumentalities, the Central Government, municipalities, Panchayati Raj Institutions, or other public authorities within Bihar.

Summary

Dr. Meeta Sahai, a former Army Medical Corps doctor, applied for a General Medical Officer post in Bihar but was denied marks for work experience because the advertisement limited such experience to hospitals run by the Government of Bihar. She challenged this restriction, arguing that the Bihar Health Service (Appointment and Service Conditions) Rules, 2013 did not confine "government hospital" to Bihar‑only facilities and that the exclusion violated constitutional equality. The Supreme Court examined the statutory interpretation of "any Government hospital" and rejected a literal reading that relied on Rule 2(a) defining "Government" as the Bihar Government, emphasizing purposive and constitutional interpretation. It held that the phrase must include hospitals run by the Bihar Government, its instrumentalities, and all non‑private hospitals operated by the Central Government, municipalities, Panchayati Raj Institutions, or other public authorities within Bihar. The Court also clarified that estoppel does not bar a candidate from challenging an illegal statutory construction even after participating in the selection process. Consequently, the appeal was allowed and the respondents were directed to prepare a fresh merit list granting appropriate work‑experience marks to the appellant and similarly situated candidates.

Issues considered

The proper interpretation of the term "any Government hospital" in Rules 5 and 6(iii) of the Bihar Health Service (Appointment and Service Conditions) Rules, 2013.
Whether the restriction of work‑experience marks to hospitals run solely by the Government of Bihar violates Article 14 of the Constitution.
Whether the principle of estoppel bars a failed candidate from challenging the legality of the selection criteria.
The appropriate method of statutory interpretation—literal versus purposive—in the context of the Rules.

Legislation cited

Constitution of Indias. Article 14, s. Article 16, s. Article 243G, s. Article 243W, s. Article 309, s. Article 47

Subjects

Statutory interpretationEstoppelGovernment hospitalWork experienceEqualityArticle 14Public service recruitmentBihar Health Service RulesMerit listConstitutional law

Judgment

[2019] 15 S.C.R. 273 273

DR. (MAJOR) MEETA SAHAI A
v.
STATE OF BIHAR & ORS.
(Civil Appeal No. 9482 of 2019)
DECEMBER 17, 2019 B
[DEEPAK GUPTA AND SURYA KANT, JJ.]
Service Law:
Bihar Health Service (Appointment and Service Conditions)
Rules, 2013 – rr. 2(a), 5 and 6(iii) – Advertisement for appointment C
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) – D
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 E
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 non-
private 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 F
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 G
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 H
273
274 SUPREME COURT REPORTS [2019] 15 S.C.R.

A 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,
B 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:
C
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
D 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.
Allowing the appeal, the Court
HELD: 1.1The principle of estoppel prevents a candidate
E from challenging the selection process after having failed in it.
The underlying objective of this principle is to prevent
candidates from trying another shot at consideration, and to
avoid an impasse wherein every disgruntled candidate, having
failed the selection, challenges it in the hope of getting a second
F chance. [Para 17] [287-F; 288-B-C]
1.2 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. In
a situation where a candidate alleges misconstruction of statutory
G rules and discriminating consequences arising therefrom, the
same cannot be condoned merely because a candidate has
partaken in it. The constitutional scheme is sacrosanct and its
violation in any manner is impermissible. In fact, a candidate may
not have locus to assail the incurable illegality or derogation of
the provisions of the Constitution, unless he/she participates in
H the selection process. [Para 18] [288-C-D]
DR. (MAJOR) MEETA SAHAI v. STATE OF BIHAR & ORS. 275

1.3 The appellant has rightly not challenged the selection A
procedure but has narrowed her claim to only against the
respondents’ interpretation of ‘work experience’ as part of merit
determination. Since interpretation of a statute or rule is the
exclusive domain of Courts, and given the scope of judicial
review in delineating such criteria, the appellant’s challenge B
cannot be turned down at the threshold. [Para 20] [289-A-B]
Manish Kumar Shahi v. State of Bihar (2010) 12 SCC
576 – relied on.
2.1 It is a settled cannon of statutory interpretation that
as a first step, the Courts ought to interpret the text of the C
provision and construct it literally. Provisions in a statute must
be read in their original grammatical meaning to give its words
a common textual meaning. However, this tool of interpretation
can only be applied in cases where the text of the enactment is
susceptible to only one meaning. Nevertheless, in a situation D
where there is ambiguity in the meaning of the text, the Courts
must also give due regard to the consequences of the
interpretation taken. [Para 21] [289-C-D]
Nathi Devi v. Radha Devi Gupta (2005) 2 SCC 271:
[2004] 6 Suppl. SCR 1141 – relied on. E
2.2 It is the responsibility of the Courts to interpret the
text in a manner which eliminates any element of hardship,
inconvenience, injustice, absurdity or anomaly. A legislation must
further its objectives and not create any confusion or friction in
the system. If the ordinary meaning of the text of such law is F
non-conducive for the objects sought to be achieved, it must be
interpreted accordingly to remedy such deficiency. [Para 22]
[289-E]
Madan Lal v. State of J&K (1995) 3 SCC 486 : [1995]
1 SCR 908 – relied on. G

Principles of Statutory Interpretation by GP Singh (14th
Edn., 2016) Pp. 145-170 – referred to.
2.3 There is no doubt that executive actions like
advertisements can neither expand nor restrict the scope or H
276 SUPREME COURT REPORTS [2019] 15 S.C.R.

A object of laws. It is therefore necessary to consider the
interpretation of the phrase ‘Government hospital’ as appearing
in the Rules. [Para 23] [289-F]
2.4 Rule 2 of Bihar Health Service (Appointment and
Service Conditions) Rules 2013 is a definitional provision and
B defines ‘Government’ as a noun. However, it would not
necessarily govern instances where the word has been used in
another form. Under Rule 5, the operative phrase is “any
Government hospital”. Here, ‘Government’ is restrictively
defining the noun ‘hospital’ to exclude those run by certain
C entities. Thus, ‘Government’ as part of ‘Government hospital’
is a noun adjunct and has been used as an adjective. Such usage
of a noun in its adjectival form changes its character altogether
and it would be unwise to import the meaning of its noun form.
This is especially true considering how the prefatory portion of
Rule 2 explicitly provides that the definitions as prescribed
D thereunder shall be referred to unless otherwise required in
context. The phrase ‘Government hospital’ therefore cannot be
construed to exclude other non-private hospitals which are
otherwise run exclusively with the aid and assistance of the
Governments. Additionally given the difference in common
E usage wherein ‘government hospital’ refers to all non-private
hospitals and not hospitals established by a particular
government, Rule 5 & 6(iii) would not be bound by Rule 2(a).
[Para 24] [290-C-F]
Navinchandra Mafatlal v. CIT, [1955] 1 SCR 829 –
F relied on.
FCC v. AT&T Inc. 562 U.S. 397 (2011) – referred to.
2.5 Presence of the word ‘any’ in Rule 5 is also critical. It
indicates a legislative intent to bestow a broad meaning to
hospitals eligible for accrual of work experience. Importing the
G restrictive definition of Rule 2(a) would hence lead to an
anomalous situation in having both expansive and restrictive
adjectives applied to the same underlying noun. Consequently,
the Court is inclined to adopt an expansive interpretation of the
phrase, and not lay weight on Rule 2(a). [Para 25] [290-G; 291-
H A]
DR. (MAJOR) MEETA SAHAI v. STATE OF BIHAR & ORS. 277

2.6 In addition to this, adopting the respondents’ A
interpretation would increase uncertainty and create practical
difficulties. When Rule 2(a) is applied to ‘Government hospital’
there is substantial ambiguity created as to whether or not
hospitals run by instrumentalities of the Government, which are
not strictly owned by the Government of Bihar would be included
B
within Rule 5. Such issues are bound to arise repeatedly in any
selection process. Given how there is no simple answer to such
questions, the rigid interpretation adopted by the Government
would only lead to friction in the system and cause interpretative
chaos which would undermine the fair and just right to compete
for public employment. [Para 26] [291-B-D] C
2.7 Further, if faced between a choice in which only a few
people would be eligible versus a fairly large group, the latter
ought to be adopted to have a diverse pool of applicants. This
would promote merit, bring better doctors and further the
Constitutional scheme of providing equal opportunity in public D
employment to the masses. Thus, the provisions of the Rules
in the present case cannot be construed or explained by applying
the principle of literal interpretation. [Para 27] [291-E]
2.8 Therefore, it is necessary to resort to purposive
interpretation of the provisions of the Rules, in the light of its E
objectives. Otherwise also as per the prefatory part of Article
309 of the Constitution, the Rules framed thereunder must be
in conformity with all other Constitutional provisions, which
necessarily includes Part III. Dealing with recruitment in
Government hospitals, it is clear that the object and purpose of
the Rules too must satisfy the test of Article 16. [Para 28] [291- F
F-G]
2.9 Further, given the absence of express definition of
‘Government hospitals’ under the Rules, the Court deems it fit
to make use of Constitutional values as a tool of statutory
interpretation. The Constitution must not only be seen as a G
benchmark for testing the validity of legislations, but also as an
inspirational document to guide State action. When there are two
plausible interpretations, the one which promotes Constitutional
values must be preferred. [Para 29] [291-H; 292-A-B]
R v. Jarvis, 2019 SCC 10 – relied on. H
278 SUPREME COURT REPORTS [2019] 15 S.C.R.

A 2.10 Under the constitutional scheme, obligations and
duties of the ‘State’ have eloquently been divided using a three-
tier system of governance. The Union of India at the national
level, individual State Governments at the State Level and
various Municipalities/Panchayats at the local level, parallelly
B discharge their respective Constitutional duties for the welfare
of the general public. In deference to their duties to raise the
standard of living, ensure adequate nutrition and public health
of its people under Article 47 of the Constitution, both the
Central as well as the State Governments formulate various
welfare schemes and establish institutions including hospitals/
C primary health centres. Still further, under Article 243G read with
Entry 23 of Schedule XI of the Constitution, the legislature of
the State can entrust the functions of “Health and sanitation,
including hospitals, primary health centres and dispensaries” to
the Panchayati Raj Institutions. Similarly, the State legislature
D may entrust under Article 243W read with Entry 6 of Schedule
XII, the functions of “Public health, sanitation conservancy and
solid waste management” to Municipalities. Hospitals of these
local governments are often run on the back of funds derived
from the Consolidated Fund of the States. It may thus be seen
that the Constitution envisages the setting up of hospitals by
E many different public authorities, including the Central
Government, State Government, Municipalities and Panchayati
Raj Institutions. [Para 30, 31] [292-B-F]
2.11 In addition, several hospitals throughout the country
have been set up by instrumentalities of the Central or State
F 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
G characteristics acquired in a hospital set up by the Bihar
Government. [Para 32] [292-G; 293-A]
2.12 Other hospitals are also established by
instrumentalities of the States and the Centre in pursuance of
Constitutional obligations under Part IV. These although not
H strictly covered within the ambit of the Rules as propounded by
DR. (MAJOR) MEETA SAHAI v. STATE OF BIHAR & ORS. 279

the respondents, nevertheless serve the same purpose of A
providing best medical facilities to public at large. An apt example
is of Army hospitals, and there is little reason to ignore and
overlook the experience gained in such hospitals. [Para 33] [293-
B]
2.13 It is hence irrational to urge that the work experience B
in any such hospital is different from that in a Government of
Bihar hospital. Hence, it would be constitutionally unjust to allow
differentiation between the experience gained by doctors at these
hospitals established by Panchayats or Municipalities or by the
Central Government and its instrumentalities in the territory of
Bihar vis-à-vis those run by the Bihar Government. Any attempt C
to discriminate between hospitals run by the State Government
and the Central Government or Municipalities/Panchayati Raj
Institutions is bound to hit the very ethos of the Constitutional
governance setup. [Para 34] [293-C-D]
2.14 Having said so, the Court is not oblivious to the fact D
that equality does not imply that there can be no classification.
Instead, sometimes it may be necessary to treat unequals
unequally, for equal treatment of persons with unequal
circumstances creates an unjust situation. Such classification,
however, must not be arbitrary but rationally founded on some E
quality or characteristics which are identifiable within the class
of people so created and absent in those excluded from such
classification. [Para 35] [293-E]
Indira Sawhney v. Union of India (1992) Supp. 3 SCC
217 : [1992] 2 Suppl. SCR 454 – followed. F
2.15 The purpose behind formulation of the Rules was to
recognize the unique challenges of hospitals in Bihar and
incentivise doctors to work in non-private hospitals. Experience
in a non-private hospital instills sensitivity in its doctors, making
them more adept to understand the ail and agony of poor G
patients. Such experience will undoubtedly be useful in
furthering the object of Government hospitals and must be given
due weightage while selecting suitable candidates. Interpreting
‘Government hospitals’ to include only a small class of persons
who have worked under the Government of Bihar, is thus clearly
erroneous and anti-merit. Such an objective would not be H
280 SUPREME COURT REPORTS [2019] 15 S.C.R.

A defeated by the understanding of the Rules as has been
construed. [Para 36] [293-F-G; 294-A-B]
2.16 Therefore, 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
B hospital run by the Bihar Government or its instrumentalities,
as well as any other non-private hospital (including those run
by the Central Government, Municipalities and Panchayati Raj
Institutions; or other public authorities) within the territory of
Bihar. Respondents are accordingly directed to rework and
prepare a fresh merit list by granting due weightage to the
C appellant and other similarly placed candidates. [Para 37] [294-
C-D]
Dr. Dharmbir Kumar v. State of Bihar (2015) 2 PLJR
916 ; Ram Surat Mishra v. State of U.P. (2008) 7 SCC
409 ; M/s J.K. Jute Mills Co. Ltd. v. State of U.P. AIR
D 1961 SC 1534 [1962] SCR 1 – referred to.
Case Law Reference
(2015) 2 PLJR 916 referred to Para 6
(2008) 7 SCC 409 referred to Para 8
E
[1962] SCR 1 referred to Para 8
(2010) 12 SCC 576 relied on Para 17
[2009] 5 SCR 89 relied on Para 21
[2004] 1 Suppl. SCR 668 relied on Para 22
F
[2004] 6 Suppl. SCR 1141 referred to Para 22
[1955] 1 SCR 829 relied on Para 24
562 U.S. 397 (2011) referred to Para 24
(2019) SCC 10 relied on Para 29
G
[1992] 2 Suppl. SCR 454 followed Para 35
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 9482
of 2019.
From the Judgment and Order dated 24.11.2016 of the High
H Court of Judicature at Patna in LPA No. 1860 of 2016.
DR. (MAJOR) MEETA SAHAI v. STATE OF BIHAR & ORS. 281

Gaurav Agrawal, Adv. for the Appellant. A
Shivam Singh, Harpreet Singh Gupta, Gopal Singh, Navin Prakash,
Advs. for the Respondents.
The Judgment of the Court was delivered by
SURYA KANT, J. B
1. 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 not considered for grant of weightage and consequential C
selection and 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 D
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 E
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
F
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 G
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 H
282 SUPREME COURT REPORTS [2019] 15 S.C.R.

A 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,
B 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
C 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.
D
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
E 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
F
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
G 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
H prescribed cut off of 53.04 marks for the General Category.
DR. (MAJOR) MEETA SAHAI v. STATE OF BIHAR & ORS. 283
[SURYA KANT, J.]

5. The aggrieved appellant filed a writ petition before the Patna A
High Court challenging Clause 5(iii) of the advertisement issued by the
Commission to the extent it mandated that only work experience in
hospitals of Government of Bihar shall be considered for awarding
marks for ‘work experience’. The appellant contended that this Clause
of the advertisement was in contravention of the Rules (which didn’t B
prescribe any such limitation of work experience only being in hospitals
of the Government of Bihar). She was upset that her work experience
in the Army Medical Corp Hospital had been disregarded while others
who served in Bihar Government hospitals were given due weightage.
She felt that if not for this erroneous interpretation of the Rules, she
would have been selected for the post of General Medical Officer. C
Similarly, some other candidates also approached the Patna High Court,
agitating their exclusion pursuant to the non-consideration of work
experience in non-private hospitals other than those administered by the
Government of Bihar.
6. A Learned Single Judge of the High Court dismissed all these D
writ petitions with a brief order holding that the validity of such provision
had already been upheld by a Division Bench of the Patna High Court
in Dr. Dharmbir Kumar v. State of Bihar1 and, therefore, the appellant
could not plead that exclusion of service rendered in Army Hospitals,
while evaluating work experience, resulted in discrimination. E
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 F
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 G
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.
1
2015 (2) PLJR 916 H
284 SUPREME COURT REPORTS [2019] 15 S.C.R.

A 8. The Division Bench placed reliance on several decisions of
this Court including Ram Surat Mishra v. State of U.P.2 and M/s J.K.
Jute Mills Co. Ltd. V. State of U.P.3, and followed the dictum therein
to note how the Hindi version only referred to Government of Bihar
and there being a conflict between English and Hindi versions, the latter
version of the Bihar Dentist Service Rules, 2014 would prevail. The
B Bench further observed that Rule 2(a) of the Dentist Rules defined
‘Government’ as Government of Bihar and that thus work experience
under Rule 6(iii) must be read conjointly with Rule 2(a) which would
show that only work experience in hospitals of Government of Bihar
ought to be considered for awarding marks under the head of work
C experience. The intra-court appeal was thus dismissed, giving rise to
further challenge through this Special Leave Petition.
CONTENTION OF PARTIES
9. Learned Counsel for the appellant vehemently argued that the
Division Bench judgement was erroneous. He hammered clause 5(iii)
D of the advertisement and urged that the restriction of work experience
to only hospitals of Government of Bihar was arbitrary and contrary to
Rule 5 and Rule 6(iii) of the Rules, which read as under:
“5. For appointment in General Duty Sub Cadre minimum
educational qualification shall be MBBS degree from a
recognized university:
E
Provided that the postgraduate or higher degree holder in
any subject of Medical science and the doctors appointed on
regular/contract basis in any Government hospital shall be
given weightage for work experience.
6. For selection of doctors to appointment in General sub-
F
cadre, candidates shall be given marks for their educational
qualification and work experience. Apart from that, they
shall also be given marks for the oral interview.
A total 100 marks shall be for educational qualification,
work experience and interview. The break up of these 100
G marks shall be as follows:
(i) Marks obtained in MBBS Total 50 Marks
(ii) PG or Higher Degree Total 10 Marks
2
(2008) 7 SCC 409
H 3
AIR 1961 SC 1534
DR. (MAJOR) MEETA SAHAI v. STATE OF BIHAR & ORS. 285
[SURYA KANT, J.]

(iii) Work Experience after appointment Total 25 Marks A
in Government hospital on contract/
regular basis.
Provided that for each complete one year of work experience,
candidates will be given 5 and thus maximum 25 marks will
be given. B

(iv) Interview Total 15 Marks
Note: (a) The determination of marks to be given to
candidate for MBBS shall be in multiple of 0.5 of total
percentage of marks obtained in the examination of said C
course. Thus, if a candidate has obtained 50% marks, he/
she shall get 50 x 0.5 = 25 marks
(b) Minimum 30 marks will be required for consideration for
the appointment in the General sub cadre and specialist sub
cadre.” D
(emphasis supplied)
10. He argued that the Rules did not define the term ‘Government
hospital’ and that hence its common meaning be taken. Since the Rules
have been formulated under Article 309 of the Constitution, they carried E
the same force as a legislation and the Commission or the State
Government could not have restricted the meaning of “any Government
hospital” to “Government hospital of the Government of Bihar only”
through the advertisement. It was also argued that exclusion of services
rendered in non-Bihar Government hospitals would be discriminatory
for it failed to further the object of the Rules to promote recruitment F
of better qualified doctors and recognize technical knowledge or
expertise gained in this field. The learned Counsel although admitted
that the work experience gained in Government hospitals was different
than private hospitals owing to doctors’ interactions with poor patients
and them being accustomed to working with minimal infrastructure, G
nevertheless contended that the services rendered in hospitals of
Government of Bihar offered no special experience as compared to
other non-private hospitals in the State; and that no public purpose was
served for both categories similarly gave medical treatment to swarms
of patients, in return for a meagre salary. H
286 SUPREME COURT REPORTS [2019] 15 S.C.R.

A 11. The counsel for appellant further based his argument on Rule
5 & 6(iii) of the Rules which contain the expression ‘any Government
hospital’, to contend that it must be interpreted to include all Government
hospitals in Bihar, including those run by the Central Government and
other public bodies to avoid any unconstitutionality. It was contended
that the definition of ‘Government’ as under Rule 2(a) of the Rules did
B
not control the meaning of the term ‘Government hospital’ since
presence of ‘any’ as a prefix to ‘Government hospital’ was indicative
of the fact that the Rules envisaged all Government hospitals in its ambit.
He made a pointed reference to the definitional clause contained in the
Rules, which has been extracted below:
C “2. Definitions. – In this Rule unless anything otherwise
requires in the context:
(a) ‘Government’ means Government of Bihar.
xxxxxxxxx”
D (emphasis supplied)
12. It was also urged that the observation of the High Court with
respect to the ascendancy of Hindi version over English version of the
Bihar Dentist Service Rules, 2014 would be inapplicable to the present
case since the issue at hand pertains to a different enactment which
E did not have any conflict between versions. The appellant stated that
reference to the English version of the Dentist Rules which explicitly
defined ‘Government hospital’ as both Government of Bihar and Central
Government hospitals, was merely illustrative to support an argument
that ‘Government hospital’ can have a different meaning than
F ‘Government’ and thus her case ought not to have been dismissed on
this count.
13. On the other hand, learned counsel for Respondents
questioned the maintainability of the appellant’s challenge and urged that
once a candidate had participated in a recruitment process, he/she could
G not at a later stage challenge its correctness merely because of having
failed in selection. It was contended that the appellant was taking ‘two
shots’ at success, and her challenge was opposed for being opportunistic.
Further it was argued by the respondents that the appellant’s attempt
to draw inference from the Dentist Rules has rightly not been accepted
H by the High Court. Moreover, the advertisement was shown as being
DR. (MAJOR) MEETA SAHAI v. STATE OF BIHAR & ORS. 287
[SURYA KANT, J.]

merely clarificatory in stating that marks shall only be granted for work A
experience in hospitals of Government of Bihar.
14. Additionally, the Commission has filed a separate counter
affidavit supplementing the stand taken by other respondents with the
plea that the Courts ought not to interfere with the selection procedure
as stipulated by the employer unless it was found to be patently illegal. B
It is urged by the Commission that the Division Bench correctly
interpreted the meaning and ambit of the term ‘Government hospital’
in light of Rule 2(a) of the Rules which defines ‘Government’ as
Government of Bihar, and hence ruled that the advertisement is in
accordance with the subject Rules.
C
FINDINGS AND ANALYSIS
15. We may at the outset clarify that question of reconciling the
Hindi and English versions does not arise in the present case for both
versions of the Rules are similarly worded. We thus proceed under the
assumption that Hindi will prevail over the English version in case of D
any conflict.
Preliminary Issues
16. Furthermore, before beginning analysis of the legal issues
involved, it is necessary to first address the preliminary issue. The
maintainability of the very challenge by the appellant has been E
questioned on the ground that she having partaken in the selection
process cannot later challenge it due to mere failure in selection. The
counsel for respondents relied upon a catena of decisions of this Court
to substantiate his objection.
17. It is well settled that the principle of estoppel prevents a F
candidate from challenging the selection process after having failed in
it as iterated by this Court in a plethora of judgements including Manish
Kumar Shahi v. State of Bihar4, observing as follows:
“16. We also agree with the High Court that after having
taken part in the process of selection knowing fully well that G
more than 19% marks have been earmarked for viva voce
test, the appellant is not entitled to challenge the criteria or
process of selection. Surely, if the appellant’s name had
appeared in the merit list, he would not have even dreamed
4
(2010) 12 SCC 576 H
288 SUPREME COURT REPORTS [2019] 15 S.C.R.

A of challenging the selection. The appellant invoked
jurisdiction of the High Court under Article 226 of the
Constitution of India only after he found that his name does
not figure in the merit list prepared by the Commission. This
conduct of the appellant clearly disentitles him from
questioning the selection and the High Court did not commit
B
any error by refusing to entertain the writ petition.”5
The underlying objective of this principle is to prevent candidates
from trying another shot at consideration, and to avoid an impasse
wherein every disgruntled candidate, having failed the selection,
challenges it in the hope of getting a second chance.
C
18. However, we must differentiate from this principle insofar
as the candidate by agreeing to participate in the selection process only
accepts the prescribed procedure and not the illegality in it. In a situation
where a candidate alleges misconstruction of statutory rules and
discriminating consequences arising therefrom, the same cannot be
D condoned merely because a candidate has partaken in it. The
constitutional scheme is sacrosanct and its violation in any manner is
impermissible. In fact, a candidate may not have locus to assail the
incurable illegality or derogation of the provisions of the Constitution,
unless he/she participates in the selection process.
E 19. The question of permissibility of giving weightage for ‘work
experience’ in government hospitals is also not the bone of contention
in this case. Medicine being an applied science cannot be mastered by
mere academic knowledge. Longer experience of a candidate adds to
his knowledge and expertise. Similarly, government hospitals differ from
private hospitals vastly for the former have unique infrastructural
F constraints and deal with poor masses. Doctors in such non-private
hospitals serve a public purpose by giving medical treatment to swarms
of patients, in return for a meagre salary. Hence, when placing emphasis
on the requirement of work experience, there is no dispute on such
recognition of government hospitals and private hospitals as distinct
G classes. Instead such recognition ensures that the doctors recruited in
not-so-rich states like Bihar have the requisite exposure to challenges
faced in those regions.

5
See also: Madan Lal v. State of J&K [(1995) 3 SCC], Marripati Nagaraja v. State of
A.P.[(2007) 11 SCC 522], Dhananjay Malik v. State of Uttaranchal [(2008) 4 SCC 171]
H and K.A. Nagamani v. Indian Airlines [(2009) 5 SCC 515]
DR. (MAJOR) MEETA SAHAI v. STATE OF BIHAR & ORS. 289
[SURYA KANT, J.]

20. The appellant has thus rightly not challenged the selection A
procedure but has narrowed her claim to only against the respondents’
interpretation of ‘work experience’ as part of merit determination. Since
interpretation of a statute or rule is the exclusive domain of Courts, and
given the scope of judicial review in delineating such criteria, the
appellant’s challenge cannot be turned down at the threshold. However,
we are not commenting specifically on the merit of appellant’s case, B
and our determination is alien to the outcome of the selection process.
It is possible post what is held hereinafter that she be selected, or not.
Statutory Interpretation
21. It is a settled cannon of statutory interpretation that as a first C
step, the Courts ought to interpret the text of the provision and construct
it literally. Provisions in a statute must be read in their original
grammatical meaning to give its words a common textual meaning.
However, this tool of interpretation can only be applied in cases where
the text of the enactment is susceptible to only one meaning. 6
Nevertheless, in a situation where there is ambiguity in the meaning of D
the text, the Courts must also give due regard to the consequences of
the interpretation taken.
22. It is the responsibility of the Courts to interpret the text in a
manner which eliminates any element of hardship, inconvenience,
injustice, absurdity or anomaly.7 This principle of statutory construction E
has been approved by this Court in Modern School v. Union of India8,
by reiterating that a legislation must further its objectives and not create
any confusion or friction in the system. If the ordinary meaning of the
text of such law is non-conducive for the objects sought to be achieved,
it must be interpreted accordingly to remedy such deficiency.
F
23. There is no doubt that executive actions like advertisements
can neither expand nor restrict the scope or object of laws. It is therefore
necessary to consider the interpretation of the phrase ‘Government
hospital’ as appearing in the Rules. Two interpretations have been put
forth before us which can be summarized as follows:
G
a. Only hospitals run by the Government of Bihar.

6
Nathi Devi v. Radha Devi Gupta, (2005) 2 SCC 271 ¶ 13.
7
GP SINGH ON PRINCIPLES OF STATUTORY INTERPRETATION (14 th edn.,
2016) pp. 145-170.
8
(2004) 5 SCC 583 ¶62. H
290 SUPREME COURT REPORTS [2019] 15 S.C.R.

A b. Hospitals run by the Bihar Government or its
instrumentalities, as well as any other non-private hospital
within the territory of Bihar.
The former interpretation to the term, as accorded to it by the
respondents, forms a narrower class whereas the latter interpretation
B used by the appellant is broader and more inclusive.
Literal Interpretation
24. At the outset, the respondents’ contention that meaning of
the term ‘Government hospital’ would be bound by the restrictive
definition of ‘Government’ under Rule 2(a) of the Rules, does not sound
C well. It is settled that grammatical rules must be given due weightage
during statutory interpretation.9 Rule 2 is a definitional provision and
defines ‘Government’ as a noun. However, it would not necessarily
govern instances where the word has been used in another form.10
Under Rule 5, the operative phrase is “any Government hospital”. Here,
D ‘Government’ is restrictively defining the noun ‘hospital’ to exclude those
run by certain entities. Thus, ‘Government’ as part of ‘Government
hospital’ is a noun adjunct and has been used as an adjective. Such
usage of a noun in its adjectival form changes its character altogether
and it would be unwise to import the meaning of its noun form. This is
especially true considering how the prefatory portion of Rule 2 explicitly
E
provides that the definitions as prescribed thereunder shall be referred
to unless otherwise required in context. The phrase ‘Government
hospital’ therefore cannot be construed to exclude other non-private
hospitals which are otherwise run exclusively with the aid and assistance
of the Governments. Additionally given the difference in common usage
F wherein ‘government hospital’ refers to all non-private hospitals and
not hospitals established by a particular government, Rule 5 & 6(iii) would
not be bound by Rule 2(a).
25. Presence of the word ‘any’ in Rule 5 is also critical. It
indicates a legislative intent to bestow a broad meaning to hospitals
G eligible for accrual of work experience. Importing the restrictive
definition of Rule 2(a) would hence lead to an anomalous situation in
9
Navinchandra Mafatlal v. CIT, (1955) 1 SCR 829 ¶6.
10
See FCC v. AT&T Inc. 562 U.S. 397 (2011); where the Supreme Court of the
United States held that definition of ‘person’ as a noun would not be applicable to
H its use as an adjective.
DR. (MAJOR) MEETA SAHAI v. STATE OF BIHAR & ORS. 291
[SURYA KANT, J.]

having both expansive and restrictive adjectives applied to the same A
underlying noun. Consequently, we are inclined to adopt an expansive
interpretation of the phrase, and not lay weight on Rule 2(a), as urged
by the respondents.
26. In addition to this, adopting the respondents’ interpretation
would increase uncertainty and create practical difficulties. When Rule B
2(a) is applied to ‘Government hospital’ there is substantial ambiguity
created as to whether or not hospitals run by instrumentalities of the
Government, which are not strictly owned by the Government of Bihar
would be included within Rule 5. When a pointed question was put forth
to learned counsel for the respondents as to whether a hospital
C
established by the municipality or one run by an institute substantially
funded by State money would be included in their definition, no clear
answer was forthcoming. Such issues are bound to arise repeatedly in
any selection process. Given how there is no simple answer to such
questions, the rigid interpretation adopted by the Government would only
lead to friction in the system and cause interpretative chaos which would D
undermine the fair and just right to compete for public employment.
27. Further, if faced between a choice in which only a few people
would be eligible versus a fairly large group, we feel that the latter ought
to be adopted to have a diverse pool of applicants. This would promote
merit, bring better doctors and further the Constitutional scheme of E
providing equal opportunity in public employment to the masses. We
are thus of the view that the provisions of the Rules in the case-at-
hand cannot be construed or explained by applying the principle of literal
interpretation.
Purposive Interpretation F
28. In pursuance to the above analysis, we are of the view that
it is necessary to resort to purposive interpretation of the provisions of
the Rules, in light of its objectives. Otherwise also as per the prefatory
part of Article 309, the Rules framed thereunder must be in conformity
with all other Constitutional provisions, which necessarily includes Part G
III. Dealing with recruitment in Government hospitals, it is clear that
the object and purpose of the Rules too must satisfy the test of Article
16.
29. Further, given the absence of express definition of
‘Government hospitals’ under the Rules which is the central stage of H
292 SUPREME COURT REPORTS [2019] 15 S.C.R.

A this debate, we deem it fit to make use of Constitutional values as a
tool of statutory interpretation. It is well known the Constitution must
not only be seen as a benchmark for testing the validity of legislations,
but also as an inspirational document to guide State action. When there
are two plausible interpretations, the one which promotes Constitutional
values must be preferred.11
B
30. Under our constitutional scheme, obligations and duties of the
‘State’ have eloquently been divided using a three-tier system of
governance. The Union of India at the national level, individual State
Governments at the State Level and various Municipalities/Panchayats
at the local level, parallelly discharge their respective Constitutional
C duties for the welfare of the general public.
31. In deference to their duties to raise the standard of living,
ensure adequate nutrition and public health of its people under Article
47 of the Constitution, both the Central as well as the State Governments
formulate various welfare schemes and establish institutions including
D hospitals/primary health centres. Still further, under Article 243G read
with Entry 23 of Schedule XI of the Constitution, the legislature of the
State can entrust the functions of “Health and sanitation, including
hospitals, primary health centres and dispensaries” to the
Panchayati Raj Institutions. Similarly, the State legislature may entrust
E under Article 243W read with Entry 6 of Schedule XII, the functions
of “Public health, sanitation conservancy and solid waste
management” to Municipalities. Hospitals of these local governments
are often run on the back of funds derived from the Consolidated Fund
of the States. It may thus be seen that the Constitution envisages the
setting up of hospitals by many different public authorities, including the
F Central Government, State Government, Municipalities and Panchayati
Raj Institutions.
32. In addition, it is a well-known fact that several hospitals
throughout the country have been set up by instrumentalities of the
Central or State Governments, more notably the Employees’ State
G 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
11
See R v. Jarvis, 2019 SCC 10; where the Supreme Court of Canada held that the
Canadian Charter of Rights and Freedoms could be used as an interpretive tool in
H certain cases.
DR. (MAJOR) MEETA SAHAI v. STATE OF BIHAR & ORS. 293
[SURYA KANT, J.]

doctor in such hospitals subsume the characteristics acquired in a A
hospital set up by the Bihar Government.
33. Other hospitals are also established by instrumentalities of
the States and the Centre in pursuance of Constitutional obligations under
Part IV. These although not strictly covered within the ambit of the
Rules as propounded by the respondents, nevertheless serve the same B
purpose of providing best medical facilities to public at large. An apt
example is of Army hospitals, and there is little reason to ignore and
overlook the experience gained in such hospitals.
34. It is hence irrational to urge that the work experience in any
such hospital is different from that in a Government of Bihar hospital. C
Hence, it would be Constitutionally unjust to allow differentiation
between the experience gained by doctors at these hospitals established
by Panchayats or Municipalities or by the Central Government and its
instrumentalities in the territory of Bihar vis-à-vis those run by the Bihar
Government. Any attempt to discriminate between hospitals run by the
State Government and the Central Government or Municipalities/ D
Panchayati Raj Institutions is bound to hit the very ethos of our
Constitutional governance setup.
35. Having said so, we are not oblivious to the fact that equality
does not imply that there can be no classification. Instead, sometimes
it may be necessary to treat unequals unequally, for equal treatment of E
persons with unequal circumstances creates an unjust situation. 12 Such
classification, however, must not be arbitrary but rationally founded on
some quality or characteristics which are identifiable within the class
of people so created and absent in those excluded from such
classification. F
36. We are of the view that the purpose behind formulation of
the Rules was to recognize the unique challenges of hospitals in Bihar
and incentivise doctors to work in non-private hospitals. There is some
substance in the submission of learned counsel for the respondents that
Bihar is predominantly poor and thus requires doctors having exposure G
to such challenging environment as compared to their counterparts in
private hospitals. Experience in a non-private hospital instills sensitivity
in its doctors, making them more adept to understand the ail and agony
of poor patients. Such experience will undoubtedly be useful in furthering
12
Indira Sawhney v. Union of India 1992 Supp. (3) SCC 217 ¶ 415. H
294 SUPREME COURT REPORTS [2019] 15 S.C.R.

A the object of Government hospitals and must be given due weightage
while selecting suitable candidates. Interpreting ‘Government hospitals’
to include only a small class of persons who have worked under the
Government of Bihar, is thus clearly erroneous and anti-merit. Such an
objective would not be defeated by the understanding of the Rules as
has been construed by us.
B
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
C by a doctor in any hospital run by the Bihar Government or its
instrumentalities, as well as any other non-private hospital (including
those run by the Central Government, Municipalities and Panchayati
Raj Institutions; or other public authorities) 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
D 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.

Kalpana K. Tripathy Appeal allowed.
E

F

G

H