DR. S.S. MISRA, PROFESSOR OF PHARMACOLOGY, S.N. MEDICAL COLLEGE, AGRA Vs. STATE OF UTTAR PRADESH AND OTHERS

JUDGEMENT

(1.) Through this petition the petitioner has prayed that the State Government may be directed to send the petitioner's application to the State Public Service Commission for being considered for selection to a post of Principal of State Medical College. At the Bar, however, learned counsel has stated that the relief should be deemed to be one for consideration of his application by the Public Service Commission, as the State Government has forwarded his application. According to the petitioner he was not interviewed by the Public Service Commission as he had not completed the age of 45 years.

(2.) According to the advertisement issued for the selection, the minimum age limit for appointment of the principal was notified as 45 years and maximum as 50 years. Learned counsel has contended that this could not have been done and the petitioner, who is below 45 years, should also have been considered for the appointment. He has relied upon the recommendations of the Medical Council which, according to him, have been accepted by the Government, through which qualifications have been fixed for the post of the Principal. Therein in the column for academic qualifications it is stated that the Principal should possess the academic qualification and the teaching experience prescribed by the Medical Council for a Profession of a teaching Department. The petitioner according to his allegations, possesses those academic qualifications laid down by law regarding, the minimum age limit for the appointment of a Principal.

(3.) In the absence of any rule it is always open to the State Government to fix the necessary qualifications or conditions for appointment of , a person to a particular post. Such a fixation cannot contravene either Art. 14 or Art. 16 of the Constitution. In the case of Sant Ram Vs. State of Rajasthan A.I.R. 1967 S. C. 1910 it was held :