A P SINGH Vs. PGI

JUDGEMENT

(1.) In this petition filed under Articles 226 and 227 of the Constitution, selection and appointment of respondent No. 2, Dr. Satyavati Rana, to the post of Assistant Professor of Clinical Biochemistry in the Post Graduate Institute of Medical Education and Research, Chandigarh, have been challenged by the petitioner, Dr. A.P. Singh Narang, on two grounds; firstly that respondent No. 2 is not qualified & eligible for the post of Assistant Professor of Clinical Biochemistry, as she does not possess the requisite qualifications and knowledge of the subject of Biochemistry, much less of Clinical Biochemistry, because she has obtained the degree of M.Sc. in Inorganic Chemistry and has done Ph.D. in Neurology, and secondly, that she had been selected as a result of her close association with Dr. Saroj Mehta, Head of the Department of Gastroenterology, P.G.I., Chandigarh, respondent No. 4, who was her guide and internal examiner during the period she was doing Ph.D. in Neurology and that Dr. Saroj Mehta was on the Selection Committee in the capacity of Internal Expert.

(2.) Briefly stated, the Post Graduate Institute of Medical Education and Research, Chandigarh (hereinafter referred to as 'the P.G.I.'), was established under Section 4 of the Post Graduate Institute of Medical Education and Research, Chandigarh, Act, 1966 (Parliament Act No. 51 of 1966). Under Section 32 of the Act, the P.G.I., with the previous approval of the Central Government, has been empowered to make regulations to carry out the purposes of the Act. Such regulations were made by notification No. G.S.R. 571, dated 18th April, 1967, and by virtue of Regulation 32 it was provided that the age, experience and other qualifications for appointments to various posts to be held by the employees of the Institute shall be as specified by the Institute keeping in view the qualifications and experience prescribed by the Central Government for similar posts. In pursuance of that, on 27th June, 1988, an advertisement No. 2 of 1988, was made by the P.G.I. inviting applications for various posts, including one post of Assistant Professor - Clinical Biochemistry (Superspeciality Gastroenterology). For exact reproduction of qualifications required for the said post, relevant extract from the advertisement, Annexure P. 3, reads as under :-

(3.) In response to the aforesaid advertisement, a number of persons, including the petitioner and respondent No. 2 (Dr. Mrs. Satyavati Rana), applied for the post of Assistant Professor of Clinical Biochemistry. The Selection Committee held interview on 24th September, 1988, in which the petitioner, respondent No. 2 and two other candidates appeared. As a result of that, respondent No. 2, Dr. Satyavati Rana, was selected and on that basis she was appointed on the post of Assistant Professor vide order dated 14th October, 1988 (Annexure P.4).