Supreme Court dismisses appeals by Bihar Staff Selection Commission, upholds Patna High Court's decision in City Managers selection case
Justices Vikram Nath & PB Varale [16-07-2024]

Read Order: BIHAR STAFF SELECTION COMMISSION & ANR v. HIMAL KUMARI & ANR. ETC [SC- CIVIL APPEAL NOS. 7815 OF 2024]

LE Correspondent

New Delhi, July 17, 2024: The Supreme Court has dismissed the appeals filed by the Bihar Staff Selection Commission and another party, upholding the Patna High Court's decision in the case of Himal Kumari and others regarding the selection and appointment of City Managers in Bihar.

The case revolved around the interpretation of the Bihar City Manager Cadre (Appointment and Service Conditions) Rules, 2014, specifically Rule 5 and Rule 11, in conjunction with an advertisement issued by the appellants for the recruitment of 152 City Managers. Himal Kumari, who had no prior work experience, participated in the written examination conducted by the appellants and secured 22.575 marks out of 70, which equates to 32.14% - above the minimum qualifying marks of 32% for women candidates as per the advertisement. However, the appellants declared her unsuccessful, contending that the minimum requirement of 32% was out of the total 100 marks, which included both the written test and experience marks.

Dissatisfied with the result, Himal Kumari approached the Patna High Court, which ruled in her favor. The Single Judge's decision was later upheld by the Division Bench, prompting the Bihar Staff Selection Commission to appeal to the Supreme Court. After careful examination of the rules, advertisement, and arguments presented, the Supreme Court found the High Court's judgment to be justified and correct.

The apex court emphasized that the minimum qualifying marks of 32% were solely related to the written test, and candidates who met this criterion were entitled to be considered for the merit list, irrespective of their experience marks. The Supreme Court also noted that the appellants' reliance on an Executive Order dated 16.07.2007 was misplaced, as it predated the Rules of 2014 and could not be used to supplement or interpret them.

Consequently, the Supreme Court dismissed the appeals, affirming that Himal Kumari, having secured 32.14% in the written test, should have been included in the merit list for the post of City Manager. The ruling is expected to have significant implications for similar selection processes in the future.