DR. ARUN KUMAR AGRAWAL vs THE STATE OF BIHAR .

The Supreme Court held that the appellant, possessing an M.Ch. degree in Neurosurgery and relevant experience, was rightly placed at the top of the selection panel for the Assistant Professor post, as per the advertisement's criteria. The Court found that the Respondent No. 5, holding only an M.S. in General Surgery, lacked the qualifications to teach in the super speciality of Neurosurgery. The High Court's decision to favor Respondent No. 5 based on points was overturned, affirming the appellant's merit and eligibility under the relevant selection criteria.