GOVT. OF NCT OF DELHI Vs. ATUL BHARDWAJ

JUDGEMENT

(1.) The instant appeal relates to appointment of the respondent Dr. Atul Bhardwaj to the post of Lecturer in Shalakya Tantra in the Chaudhary Brahm Prakash Ayurvedic Charak Sansthan (hereinafter referred to as 'the Sansthan'), appellant no.2 herein. The brief facts giving rise to the instant appeal to the extent necessary are set down hereafter:

(2.) We are informed by Ms. Zubeda Begum, learned standing counsel for Govt. of NCT of Delhi that the Ch. Brahm Prakash Ayurvedic Charak Sansthan is an autonomous institute registered under the Societies Registration Act, 1860 which is fully financed and controlled by the Govt. of NCT of Delhi. The Sansthan was commissioned w.e.f. 30th December, 2009 in a phase wise manner. The courses being conducted by the appellant no.2 stand affiliated to the Guru Gobind Singh Indraprastha University. The Sansthan started admitting students from November 2010 for the academic session 2010-2011. Recruitment to the various posts to the various faculty positions in the Sansthan was effected by the governing council of the appellant no.2.

(3.) So far as the concerned post of Lecturer of Shalakya Tantra is concerned, it is an admitted position that the respondent had applied for appointment pursuant to an advertisement dated 9th September, 2009 issued by the appellants. The respondent participated successfully in the screening test conducted by the appellant on 16th April, 2010. For the post in question, 26 candidates (including the respondent) who were successful in the test, were interviewed on 11th April, 2011. The appellants admit that the respondent was thereafter placed in the final merit list for the post of Lecturer of Shalakya Tantra.