RAVI SHANKAR SHUKLA Vs. UNION OF INDIA

JUDGEMENT

(1.) IT is alleged the appellant-petitioner who has worked as Junior Research Fellow and as Lecturer in the institution of 3rd respondent was fully eligible for appointment to the post of Reader in Audiology as he is a holder of Ph. D. Degree in Speech and Hearing which was conferred in march 1989, but the 4th respondent who did not possess Ph. D. Degree on the date of application was selected. He applied in pursuance of advertisement dated 27-5-1995 and appeared for interview on 12-7-1995 but ignoring him the 4th respondent was selected. The learned Single judge has wrongly dismissed the writ petition on the ground of maintainability as not amenable to Article 12 of the Constitution.

(2.) IN response to the show-cause notice, statement of objection was filed. The learned Counsel for the respondent state that the petitioner as well as 4th respondent who applied for the post of Reader in Audiology were interviewed by the Committee and as per the condition one can be selected if he can get his Ph. D. degree within 5 years and on consideration by the Committee respondent 4 was selected in February 1996. The respondent 4 got Ph. D. degree within 3 months of selection. The petitioner has filed this petition at a belated stage in July 1996 and liable to be dismissed on that account. The petitioner has no case even on merits. This petition is not amenable to the writ jurisdiction. The learned Single judge has rightly dismissed the writ petition as not maintainable. Against the same institution a writ petition has been filed earlier in writ Petition No. 23146 of 1983 and the learned Single Judge of this court relying on the Supreme Court decision in the case of Chander mohan Khanna v The National Council of Educational Research and training and Others1, dismissed the writ petition. Therefore, no interference is called for. This writ appeal is also liable to be dismissed as not maintainable.

(3.) WE have heard the learned Counsels for the parties and perused the material placed on record.