PARIKSHIT BANSAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners have approached this court challenging the appointment of respondent No. 3 as Registrar of the National Institute of Pharmaceutical Education and Research, Mohali, (for short, 'the NIPER'). Briefly the facts are that the respondent NIPER issued advertisement No. 02/2011 for selection to the post of Registrar on 29.1.2011. In response thereto, the candidates applied. After considering the eligibility of the applicants, the interview was held and finally respondent No. 3 was selected. It is his appointment which is under challenge. The petitioners were not the candidates for the post, however, they have approached this court for issuance of a writ of Quo - Warranto on the plea that respondent No. 3 was not eligible for the post in question.

(2.) Learned counsel for the petitioners submitted that in the advertisement for the post of Registrar certain basic qualifications and the experience were required. Any one holding the qualifications and experience, as prescribed, was to be eligible. In case any candidate is not holding qualification as prescribed but claims that the qualification held by him be treated equal, the authority was required to apply its mind and there had to be a criteria fixed for the purpose and a conscious decision taken to equate qualification and experience of a candidate with the prescribed qualification and experience in the advertisement, as the experience required for the post could be either on a post specified or on an equivalent post.

(3.) Learned counsel for the petitioners contended that though respondent No. 3 was having more than 55% marks in post graduation but his administrative experience was not as was required in the advertisement. He never worked on the post of Deputy Registrar for a period of 8 years. He further submitted that the selected candidate did not have requisite experience after getting his degree of post graduation. He further submitted that simultaneously the post of Deputy Registrar was advertised which required minimum qualification as post graduation and 8 years experience. In the present case, out of 15 years of administrative experience, 8 years was required on the post of Deputy Registrar or equivalent which necessarily means that the experience has to be after attaining the degree of post graduation.