DR. YANGLEM MOHEN SINGH Vs. THE CHAIRMAN, EXECUTIVE COUNCIL OF REGIONAL INSTITUTE OF MEDICAL SCIENCES (RIMS), IMPHAL & ORS.

JUDGEMENT

(1.) By this writ petition, the order of the Chairman, Executive Council, Society of the Regional Institute of Medical Sciences being No. B/1256/87/MC (Pt) Imphal, the 4th Feb., 2005 for appointing the respondent No. 6, Dr. S. Arunchandra Singh as Medical Superintendent, Regional Institute of Medical Science Hospital, has been put to challenge.

(2.) There is only one post of Medical Superintendent in the RIMS Hospital and also admittedly the post of Medical Superintendent is an Administrative Post. The Director, RIMS, Imphal issued an advertisement being No. B. 3/1256/87-RIMS Imphal, the 14th April, 2004 inviting applications from the citizens of India for one post of Medical Superintendent, RIMS so as to reach the office of the Director, RIMS on or before 28-5-2004. In the said advertisement, the essential qualifications and experience for appointment to the post of Medical Superintendent, RIMS by director recruitment are morefully mentioned. For easy reference, the advertisement dated 14-4-2004 is quoted in entirety as under : "REGIONAL INSTITUTE OF MEDICAL SCIENCES, IMPHAL ADVERTISEMENT Imphal, the 14th April, 2004

(3.) In response to the said advertisement dated 14-4-2004, 3 (three) candidates, namely (1) the present writ petitioner, Dr. Y. Mohen Singh: (2) Private respondent No. 6, Dr. S. Arunchandra Singh and (3) one Dr. P. Bedikumar Singh, filed applications for appointment to the said one post of Medical Superintendent, RIMS. It is said that on the recommendation of the Selection Committee held on 31-1-2005, the Chairman, Executive Council Society of the Regional Institute of Medical Sciences appointed the respondent No 6, Dr. S. Arunchandra Singh as Medical Superintendent under the impugned order dated 4-2-2005. The writ petitioner is impugning the impugned order dated 4-2-2005 on the main, inter alia, grounds that (1) the proceeding of the Selection Committee held on 31-1-2005 is arbitrary or whimsical and also there is lack of procedural fairness in the proceedings of the Selection Committee; (2) the Selection Committee has failed to consider as to whether or not the private respondent No. 6, Dr. S Arunchandra Singh fulfils the requisite qualifications and experience for appointment to the post of Medical Superintendent, RIMS Hospital; (3) the Selection Committee recommended the name of the private respondent No. 6, Dr. S. Arunchandra Singh without any materials for consideration of relative merits of the candidates.