B T TUKOL Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioner was an applicant for the posts of Lecturers in Medicine in Government Medical Colleges. He was not selected for any of those posts. Respondents 3 to 9 were selected and appointed to those posts. In this petition under Art. 226 of the Constitution, he has prayed for quashing the Government notification so appointing them. He has also prayed for a mandamus directing the Mysore Public Service Commission (hereinafter referred to as the Commission) to interview him for selection for those posts.

(2.) Certain material facts which are not in dispute may be stated. By its notification dated 3-9-1971, the Commission called for applications for 48 posts of Lecturers, Lecturers-cum-Registrars and Registrars in several subjects in Government Medical Colleges. In the subject of Medicine the number of posts of Lecturers was 7. In para 19 of that notification it was stated that a separate application with separate fee, should be sent for each vacancy. In that notification, the qualifications required for those posts were stated as follows : Should be holder of degree in medicine of any University established by law in India; Note: Preference will be given to a candidate who possesses one or more of the following qualifications :

(3.) In response to that notification the Commission received 616 applications for all those posts. In the first instance the Commission arranged those applications in the order of marks secured by the applicants in the MBBS degree examination and prepared a list of 192 applicants in the order of such marks, to be called for interview, the number 192 being four times the number of posts for which selection had to be made by the Commission.