LAWS(DLH)-1995-3-80

PRITI Vs. GOVERNMENT OF NCT OF DELHI

Decided On March 08, 1995
RINA GOSAIN Appellant
V/S
GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI Respondents

JUDGEMENT

(1.) Dr.Priti daughter of Shri Mool Chand and five others have filed the petition bearing No.295/95 and Dr.Reena Gosain and two others have filed petition bearing No.317/95, to quash the list, prepared by respondent Nos. 1 & 4, of the Junior Resident Medical Officers. As both the petitions are raising one and the same controversy they are being disposed of by this common judgement.

(2.) Petitioners have completed their degree course for Bachelor of Medicine and Bachelor of Surgery and they have also completed their internships. Respondent No.2 issued an advertisement on 10.11,1994 inviting applications for 46 posts of Junior Resident Doctors. Pursuant to the said advertisement the petitioners had applied in the prescribed format. They were called for interview on 16.1.1995 but actually they were not interviewed but on 19.1.1995 the respondent No.2 published a list of 46 candidates. According to the petitioners the said list was prepared without taking any interviews and without following the due procedure. It is further alleged that the said list includes the names of some persons who are not at all eligible for the said post. It has, therefore, been prayed that the impugned list should be scrapped and respondents 1, 2 & 4 be directed to hold proper interviews and selection.

(3.) We had issued show cause notice to the respondents. In pursuance to the show cause notice respondent No.4 has put in his counter affidavit in which it has been stated that in all 494 applications were received out of which 52 were in scheduled castes category, 19 in the scheduled tribes category and the remaining in the general category. Thereafter a Staff Selection Board under the Chairmanship of Dr.S.K. Choudhary, Medical Superintendent, Deen Dayal Upadhyay Hospital, was appointed and the said Staff Selection Board decided to meet on 16.1.1995 and decided to prepare a merit list after taking into consideration the choices of individuals as regards the discipline based strictly on merit list. As per the said decision letters were issued for interviews and all the candidates who attended on the date of interview were called for interview one by one in order of merit and they were given the discipline of their choice, subject to availability. Persons who were not present on that day were not at all considered. Thus. the said list was prepared purely on merit and a waiting list was also prepared and the names of the petitioners are appearing in the said waiting list. Affidavit of Shri U.R. Kapoor. Joint Secretary (Medical), Government of National Capital Territory of Delhi, has been filed alongwith the merit list. Thus, it is contended on behalf of the respondents that there was no illegality in preparing the said waiting list and that the petition is devoid of any merits and the same should be dismissed.