S PARANJOTHI Vs. D BALASUBRAMANIAM

JUDGEMENT

(1.) Petitioner herein challenges the judgment of the Central Administrative Tribunal ( Tribunal for short) whereby, the Tribunal allowed the original application filed by the first respondent. In that application, the selection of the petitioner for the post of Specialist Grade-II Senior Scale Super Specialist in Neurology has been set aside.

(2.) The Tribunal has taken a view that the petitioner did not have the necessary qualification for the said post in the sense, that he did not have the necessary number of years of experience predominantly for the reason, in the Government Hospital of Pondichery, where the petitioner was in service, the Department of Neurology was opened only in November, 1997 and the petitioner s experience in other capacities could not be taken into consideration for this post. Following facts will highlight the controversy:

(3.) Petitioner passed his M.B.B.S. Degree somewhere in the year 1976 and the degree of M.D. in the year 1987. He passed his degree of Doctor of Medicine in Neurology in the year 1992 from the Stanley Medical College. All through, the petitioner had been serving in the post of Assistant Civil Surgeon till 1989 and thereafter he was promoted as Junior Specialist in Medicine. He was thereafter designated as Specialist Grade II (Senior Scale) and was further promoted as Specialist Grade II in Medicine.