KIRAN PRABHAKAR SINGBAI Vs. STATE OF GOA

JUDGEMENT

(1.) BY this writ petition the petitioner challenges firstly the refusal on the part of respondent No. 2 to call the petitioner for interview to the post of Assistant Professor in Operative Dentistry in the Goa Dental College and Hospital and subsequently by way of amendment the jurisdiction of the said respondent No. 2 to hold interviews and give its consultation on the matter of selection to the post of Assistant Professor in the aforesaid Dental College. The petitioner has passed Bachelor of Dental Surgery (B. D. S.) Examination held by the University of Bombay in November, 1979 and also the Examination in Master of Dental Surgery (M. D. S.) in Conservative Dentistry (Operative Dentistry) Branch held by the University of Bombay in October, 1984. He is also registered as a Dentist with the Maharashtra State Dental Council under the provisions of the Dentists Act, 1948 with effect from February 21, 1980. The petitioner worked as Clinical Assistant at Nair Hospital Dental college, Bombay from April 2, 1980 to October 1, 1980, thereafter as Junior Resident in the Department of Dental and Oral Surgery of Goa Medical College from November 1, 1980 to June 30, 1981 and as Clinical Assistant (part-time) from April 1, 1982 to June 17, 1982, as Registrar (full time) from June 18, 1982 to December 17, 1982 and again as Registrar from December 20, 1982 to March 31, 1983 in the Department of Operative Dentistry, Nair Hospital Dental College, Bombay. The petitioner was also appointed thereafter as Lecturer in Operative Dentistry in Goa Dental College and Hospital, Bambolim on ad-hoc basis with effect from November 21, 1983. Then he was appointed also as Assistant Professor in Operative Dentistry in Goa Dental College and Hospital again on ad-hoc basis with effect from April 19, 1986. Of late the petitioner was appointed to the post of Professor in Operative Dentistry in Goa Dental College and Hospital on ad-hoc basis with effect from September 6, 1988.

(2.) ON December 29, 1989 the respondent No. 2 advertised different posts under the Government of Goa and invited applications therefor. Consequent upon this advertisement applications were invited for the posts in Goa Dental College and Hospital being (i) 2 Lecturers in Operative Dentistry; (ii) 1 Assistant Professor in Operative Dentistry; and (iii) 1 Professor in Operative Dentistry. On January 29, 1990 the petitioner made applications for the posts of Lecturer, Assistant Professor and professor in Operative Dentistry. By letter dated July 12, 1990 the petitioner was called for interview for the post of Lecturer which was held on July 23, 1990. As the petitioner reliably learnt from the College that interview for the post of Assistant Professor would be held on September 13, 1990 and he had neither received any call for the said interview upto the time of filing of the petition nor any intimation from the said respondent No. 2 regarding rejection of his application, he apprehended that this action on the part of the respondent No. 2 in holding the interview without sending a call to the petitioner to appear from the interview was arbitrary, discriminatory and likely to cause to him irreparable loss. Hence the petition which was filed by him under Articles 226 and 227 of the Constitution.

(3.) IT was further the case of the petitioner that the educational qualifications for the post of Assistant Professor as mentioned in the advertisement were as under: