UNION OF INDIA Vs. T SUNDARARAMAN

JUDGEMENT

(1.) The Union Public Service Commission (for short the Commission) issued an advertisement dated 10-10-1987 inviting applications for three posts of Assistant Professors of Medicine. The essential qualifications for the post were set out in the application. One of the qualifications was:at least three years teaching experience in the concerned speciality as a Lecturer / Tutor / Demonstrator / Senior Resident / Registrar after obtaining the requisite post-graduate degree qualification. Note 21 to the advertisement states that the prescribed essential qualifications were the minimum qualifications and a mere possession of minimum qualifications does not entitle the candidates to be called for interview. Where the number of applications received in response to an advertisement is large and it will not be convenient or possible for the Commission to interview all the candidates, the Commission may restrict the number of candidates to a reasonable limit on the basis of qualifications and experience higher than the minimum prescribed in the advertisement or by holding a screening test.

(2.) In the present case 37 applications were received for the three posts. The Commission thereupon shortlisted the candidates to be called for interview on the basis of 4 years experience or more. As a result, 20 candidates were called for interview. Respondent No. 1 did not qualify for shortlisting and hence he was not called for interview.

(3.) He along with one Dr. V. S. Gopalakrishnan filed an application before the Central Administrative Tribunal, Madras Bench (hereinafter referred to as the Tribunal) for setting aside the selection to the post of Assistant Professor of Medicine pursuant to the said advertisement by challenging shortisting. The Tribunal held that the Commissioner had not filed a separate reply. Taking note of an averment made by the applicants before the Tribunal that a large number of vacancies were available, it remitted the case to the Commission for re-processing all applications including those of the applicants for fresh selection, disapproving of the shortlisting done by the Commission.