VIKRAMJEET DUTTA Vs. UNION OF INDIA

JUDGEMENT

(1.) The selection and appointment of the respondent nos. 5 and 6 as Assistant Professor in the Department of Microbiology in the All India Institute of Medical Science, Guwahati (hereafter AIIMS, Guwahati) is the subject matter of challenge in this writ petition. It is the case of the petitioner that in a common interview held for the post of Associate Professor as well as Assistant Professor, two assessments were made. While in the assessment for the post of Associate Professor, the petitioner had secured higher marks than that of the respondent nos. 5 and 6, on the other hand, a different assessment was made based on the same interview for the post of Assistant Professor in which the respondent nos. 5 and 6 were given more marks than that of the petitioner and were ultimately given the appointments.

(2.) Before going to the issue which has arisen for determination, it would be beneficial if the facts of the case are narrated in brief.

(3.) An advertisement was published on 5/10/2021 for filling up of various posts in the AIIMS, Guwahati, amongst others, posts of Associate Professor and Assistant Professor in the Department of Microbiology. The petitioner, who has claimed to have fulfilled the eligibility criteria, had applied for both the posts of Associate Professor and Assistant Professor in the Department of Microbiology. It is the case of the petitioner that a common interview was held for both the posts on 23/4/2022. The schedule of the interview was also referred to as per which, the time fixed on 23/4/2022 was at 9:00 am for both the posts. The advertisement further makes it clear that the interviews were scheduled department-wise and not post wise and as stated above, 23/4/2022 was the date fixed for the interview for the Department of Microbiology. It is the case of the petitioner that he had fared well in the interview.