RAVINDRA NATH TANDON Vs. ARUN KUMAR GUPTA

JUDGEMENT

(1.) ON September 8, 1973, the U. P. Public Service Commission published an advertisement inviting applications for two posts of Professor of Medicine in the State Medical Colleges. The date for filing applications, as extended later, was March 30, 1974. The age qualification mentioned in the advertisement was "not above 45 years". The other requisite qualifications were also set out in the advertisement.

(2.) THE three writ petitioners were at this time officiating as Professors of Medicine on an ad hoc basis, of them Dr. Arun Kumar Gupta was officiating in the B. R. D. Medical College, Gorakhpur, Dr. Brij Kishore in the S. N. Medical College, Agra, and Dr. Sheo Narain Agarwal in the G. S. V. M. Medical College, Kanpur. All three of them applied for the two posts of Professor of Medicine which were advertised. Respondents Nos. 3 and 4 in the writ petition, Dr. Ravindra Nath Tandon and Dr. Mahesh Chandra Gupta, also applied for these posts. Dr. Tandon was at this time working in the Department of Medicine of the State University of New York at Buffalo, U. S. A., Dr. Gupta was Reader in Medicine in S. N. Medical College, Agra. The Public Service Commission held the interviews on 28th and 29th of August, 1974, and sent its recommendations to the State Government. The writ petitioners somehow came to know of these recommendations and on September 5, 1974, Dr. S.N. Agarwal sent a representation to the Government requesting that the eligibility of Dr. Tandon and Dr. Gupta may be investigated. A few days later, on September 13, 1974, Dr. A.K. Gupta, Dr. Brij Kishore and Dr. S.N. Agarwal filed a writ petition in this Court challenging the qualifications of Dr. Tandon and Dr. M.C. Gupta for appointment on the posts of Professors of Medicine in the State Medical Colleges. The main reliefs sought were for the issue of writ of mandamus directing the Public Service Commission and the State Government not to give effect to the selections made by the Public Service Commission. On October 30, 1974, the State Government appointed Dr. R.N. Tandon and Dr. M.C. Gupta to the two posts of Professor in Medicine. Dr. R.N. Tandon was posted in G. S. V. M. Medical College, Kanpur, thereby displacing Dr. S.N. Agarwal, who was officiating on the post, and reverting him to the post of Reader in Medicine in the same College. Dr. M.C. Gupta was posted to the S.N. Medical College, Agra, thereby displacing Dr. Brij Kishore, who was officiating on the post and who was then reverted to the post of Reader in Medicine in the same College. Thereupon the writ petition was amended and reliefs were added for quashing the selection made by the Public Service Commission and the orders of appointment of Dr. R.N. Tandon and Dr. M.C. Gupta.

(3.) THERE is no dispute that the five doctors, who figure in these appeals, all had the academic qualifications prescribed for the post of Professor in Medicine. What was challenged in the writ petition was that Dr. R.N. Tandon and Dr. M.C. Gupta did not have the requisite Teaching/Research experience.