LAWS(KAR)-2023-3-185

KIDWAI MEMORIAL INSTITUTE OF ONCOLOGY Vs. LEENA S.

Decided On March 15, 2023
Kidwai Memorial Institute Of Oncology Appellant
V/S
Leena S. Respondents

JUDGEMENT

(1.) These appeals arise out of a common order dated 20.09.2017 passed by learned Single Judge in W.P.No.12907/2017 and in W.P.No.13427/2017 by which notification dated 17.03.2017, insofar as it relates to the appointment of respondents No.3 and 4 in the writ petitions as Assistant Surgeon (BDS) in KIDWAI Memorial Institute of Oncology (hereinafter referred to as 'the Institute' for short) has been quashed. The institute has filed W.A.NO.6739/2017 and W.A.NO.6749/2017, whereas, respondent No.4 in the writ petition has filed W.A.No.6751/2017 and W.A.No.6/2018. The respondent No.3 in the writ petition has filed W.A.No.6499/2017. In all these appeals, a common issue i.e., Selection and appointment of the candidates namely respondent No.3 & 4 in Writ Petitions (Selected Candidates) on the post of Assistant Surgeon (BDS), is involved, therefore, the appeals were heard together and are being decided by this common judgment.

(2.) Facts giving rise to filing of these appeals in nutshell are that the Institute issued notification dated 06.07.2016 inviting applications from eligible candidates for the post of Professor, Assistant Surgeons and Physicists. The aforesaid notification was published in newspapers on 07.07.2016. The eligibility criteria as well as the mode of selection was mentioned in the notification. The last date of submission of applications was 30.07.2016.

(3.) The writ petitioners as well as other candidates applied for the post of Assistant Surgeon (BDS). The applications submitted by the candidates were scrutinized and interviews were conducted by the selection committee on 18.10.2016. Thereafter, a provisional list was published on 29.11.2016. The writ petitioners submitted objections to the aforesaid provisional list on 05.12.2016 and 09.12.2016. The objections preferred by the writ petitioners were considered and thereafter, the final select list was published on 17.03.2017. The appellant in W.A.No.6499/2017 and in W.A.No.6751/2017 and in W.A.No.6/2018 were selected on the post of Assistant Surgeon (BDS).