AJAY SOOD Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in this writ petition is to the appointment of respondent No. 3 to the post of Assistant Professor (Endocrinology and Metabolism) and for directions to respondents 1 & 2 to appoint the petitioner to the said post.

(2.) Facts, in brief, are that there was only one post available in that category which was advertised and both, petitioner and respondent No. 3, amongst others had applied for that post and the Selection Committee had prepared the panel for the said post and had placed respondent No. 3 at No. I and petitioner at No. 2 with the recommendation that both the candidates are of high merit and, if possible, another post may be created to which the petitioner may also be appointed. But, unfortunately, the authorities could not possibly create any post in which the petitioner could be accommodated. The petitioner and respondent No. 3 undoubtedly possess brilliant academic record and it is not necessary to give details of the academic careers of both of them in any detail. Fortunately, during the course of the arguments. Counsel for the petitioner raised only one ground out of the various grounds urged in the petition that in fact respondent No. 3. did not fulfil the requisite minimum qualifications for being appointed to the said post and thus, his appointment is totally illegal and arbitrary whereas the petitioner fulfilled all the requisite qualifications and should have been appointed to that post. There were allegations of mala fide also raised in the petition that father of respondent No. 3, being an Ex-Faculty Member of respondent No. 1, had exercised some undue influence in bringing about the appointment of his son but those allegations were not pressed before us during the course of the arguments.

(3.) Admittedly, following qualifications are required to be fulfilled by the candidates applying for the said post:- Academic Qualification (For Medical Candidates) Essential : 1. A medical qualification, included in Schedule I & II of the third Schedule of the Indian Medical Council Act of 1956 (candidates possessing the qualifications included in Part II Of the third Schedule should also fulfil the conditions specified in Section 13(3) of the Act). 2. A post graduate qualification e.g. M.D/M.S. or a recognised qualification equivalent thereto in the respective discipline/subject.