(1.) An advertisement dated 6/6/1987 was issued by the Union Public service Commission for recruitment to the post of Chief Technical Officer, central Food Laboratory, Calcutta, in the Ministry of Health and Family welfare. Apart from the technical qualifications which were prescribed for the said post, 5 years' experience of analysis of organic material, particularly, food product was also prescribed.
(2.) The appellant as well as Respondents 1 and 2 and various other persons applied for the post. 14 persons including the appellant and respondents 1 and 2 were called for the interview. Only 10 appeared in the interview. The Selection Committee consisted of 4 persons: Shri Quazi muktar Ahmed, Chairman, Dr D. S. Bhatia, Professor in Food Science, Dr b. R. Roy, ex-Director, Central Food Laboratory, Calcutta and Mr J. C. Jaisani, DG (P and A) DGHS. Dr B. R. Roy was one of the experts on the committee. He had retired as the Director of the Central Food Laboratory, calcutta in the year 1982, the Central food Laboratory being the institution in which the said post was advertised.
(3.) After the interviews, the Selection Committee selected the appellant for the post of Chief Technical Officer, Central Food Laboratory, Calcutta. The appointment of the appellant was challenged before the Central administrative Tribunal, New Delhi by Respondents 1 and 2. The Tribunal has set aside the appointment of the appellant on the ground (7) that he was closely associated with Dr B. R. Roy and hence Dr Roy was favourably inclined to appoint the appellant; and (2) the appellant did not possess the requisite 5 years' experience of analysis of organic materials, particularly, food products.