RAJESWARIE SANKARAN Vs. VIKRAMJEET DUTTA

JUDGEMENT

(1.) Heard Mr. D. Saikia, learned senior counsel assisted by Mr.B. Gogoi, learned counsel appearing for the writ appellant in WA 458/2023 as well as Mr. K. Gogoi, learned counsel, appearing for the writ appellants in WA 467/2023. We have also heard Mr. H. K. Das, learned counsel appearing for the respondents in both the writ appeals.

(2.) Both these intra-court appeals arise out of the common judgement and order dtd. 6/11/2023 passed by the learned Single Judge in WP(C) No. 420/2023, allowing the writ petition filed by the respondent no. 1 as writ petitioner. Writ Appeal No. 458/2023 has been instituted by one of the successful candidates, viz. Dr. Rajeswarie Sankaran whereas, Writ Appeal No. 467/2023 has been preferred by the Union of India represented by the Secretary to the Ministry of Health and Family Welfare, New Delhi, All India Institute of Medical Sciences (AIIMS) Changsari, Kamrup, Assam along with its Director as well as the Standing Selection Committee of the AIIMS, as the appellants. Since common questions of law and facts are involved in both these writ appeals, we propose to dispose of these appeals by this common judgement and order. The facts and circumstances giving rise to the filing of these writ appeals are briefly narrated herein below.

(3.) The All India Institute of Medical Sciences (AIIMS), Guwahati, through the Director, Bhubaneswar (Mentor Institute), had issued an advertisement notice dtd. 5/10/2021 inviting applications for filling up a number of vacant posts in AIIMS Guwahati in different departments including 1(one) post of Associate Professor and 3 (three) posts of Assistant Professor in the Department of Microbiology. The sole post of Associate Professor in Microbiology was for un-reserved category candidates. However, out of the 3 posts of Assistant Professor, 2 posts were meant for unreserved category candidates whereas, 1 post was reserved for candidate belonging to the Schedule Caste (SC) category. Since the controversy involved in this batch of writ appeals is pertaining to only the selection and appointment of Associate Professor/Assistant Professor in the department of Microbiology, hence, it would not be necessary for this Court to refer to the other category of posts advertised by the notice dtd. 5/10/2021.