VAIDYA KULDIP RAJ KOHIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) PETITIONER is professor and head of the department in the department of Kaya Chikitsa in R. A. Podar Ayurvedic College, Mumbai while respondent No. 2 is Reader in the same department. Respondent No. 2 had challenged the appointment of petitioner as Reader in Kaya Chikitsa before Maharashtra Administrative Tribunal (MAT) in Original Application No. 843 of 1996 which came to be dismissed on 12-9-1996. Thereafter respondent No. 2 filed writ petition being Writ Petition No. 1602 of 1998 through Maharashtra Under Privileged Teachers Association of which respondent No. 2 is member, before the High Court for the same reliefs. The said writ petition was disposed of as withdrawn vide order dated 20-8-1998 and thereafter respondent No. 2 filed another application being Application No. 555 of 1998 before MAT challenging selection and appointment of petitioner. During the pendency of that matter respondent No. 2 filed present complaint suppressing the above stated material facts.

(2.) PETITIONER applied for the post of Reader in Kaya Chikitsa in 1988 as he possessed the required qualification. The prescribed qualification being 3 years teaching experience in recognized institute. Since petitioner possessed the qualification, he applied through the M. P. S. C. for the aforesaid post and in due course after following the procedure prescribed, he was selected for that post and appointed as Reader in Kaya Chikitsa in R. A. Podar Ayurvedic Medical College, Worli, Mumbai in February, 1990.

(3.) ACCORDING to the petitioner he has the required medical qualification and a good academic career. Respondent No. 2 was senior in service to petitioner as a Reader in the department of Kaya Chikitsa. However, petitioner came to be selected for the post of Professor and joined in 1997. Respondent No. 2 having failed in the selection process approached before the Maharashtra Administrative Tribunal (MAT) after lapse of six years by filing Original Application No. 843 of 1996 and thereafter one original application was summarily dismissed. In the complaint respondent No. 2 has made out a case that he was initially appointed as Demonstrator and thereafter selected as a lecturer in Kaya Chikitsa by M. P. S. C. and was appointed accordingly and in the year 1988 he has promoted by the Department to the post of Reader in Kaya Chikitsa. Petitioner accused was previously working as a Medical Officer in Mahatma Gandhi Institute of Medical Sciences (Allopathie) at Sevagram, Wardha and was appointed as "reader" in R. A. Podar College in Kaya Chikitsa by the Government of Maharashtra by its order dated 16-10-1989 in pursuance of his selection through M. P. S. C. According to the respondent, petitioner was working in the employment as Medical Officer at Mahatma Gandhi Institute of Medical Science (Allopathie) and was not qualified for the post of Reader in R. A. Podar Ayurvedic College, Mumbai. However, he was selected as Lecturer on that basis and at that time he had not produced any certificate showing that he was working as a Lecturer in the specific subject Kaya Chikitsa for three years which was an essential qualification and a condition precedent for appointment as Reader. Thus according to the respondent in the absence of required certificate from the recognized Ayurvedic Institute, petitioner came to be appointed in Ayurvedic College as a Reader in the subject of Kaya Chikitsa. The certificate of Mahatma Gandhi Institute of Medical Science is not a proper certificate as it is not a recognized Ayurvedic Institute under section 27 of the Maharashtra Medical Practitioners Act, 1961, and on the basis of such a certificate, the petitioner could not have been selected. Thus the petitioner was appointed as a Reader on the basis of a false and fraudulent information and documents. Despite the illegal selection, petitioner continues in service as he has approaches in the department. It is significant to note that in the complaint, it is stated by the respondent that he did not take any action in the matter for the period of about 9 to 10 years or so as he was expecting the Government to act.