SAROJ MEHTA, ASSOCIATE PROFESSOR (DR.) Vs. THE POST-GRADUATE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH AND ORS.

JUDGEMENT

(1.) THE primary issue that has been successfully agitated on behalf of the writ Petitioner herein is that in the absence of a prescribed quorum for a Committee, at least a majority of its members must attend in order to give validity to its proceedings. The facts, therefore, call for notice only in this context.

(2.) DR Mrs. Saroj Mehta claims considerable academic distinction in the field of her study, namely, pediatrics. After academically distinguishing herself at the Lady Harding Medical College, New Delhi, and the All -India Institute of Medical Sciences, she received post -doctoral training at the Cornell University, New York, and on her return to India was first selected as a senior lecturer in pediatrics in the Post -Graduate Institute of Medical Education, and Research, Chandigarh (hereinafter referred to as the P.G.I.) in November, 1965. She was later promoted to the rank of Associate Professor and confirmed therein in August, 1976 and continues to hold the said post.

(3.) A vacancy of the post of Professor in Social and Preventive Medicine had occurred in the P.G.I., sometime back but the same was finally advertised for being filled up in April, 1977. Both the Petitioner and Respondent No. 10 amongst others applied for the post above -said. It is not in dispute that the P.G.I. is a statutory body and a Medical Institution of national importance which has been created under the Post -Graduate Institute of Medical Education and Research Act, 1966. The aforesaid statute and the rules framed thereunder inter alia govern the recruitments and the conditions of service of the employees of the P.G.I. The institute at its meeting held on 3rd August, 1977 constituted a Selection Committee for the purposes of selecting an incumbent to the post of Professor in Social and Preventive Medicine aforesaid. This Selection Committee admittedly consisted of Respondents Nos. 3 to 9. Besides the seven regular members of the Selection Committee, Dr Sushila Nayar and Gen. R.S. Hoon were associated with it as Experts and it has been specifically averred that their role was purely advisory and these experts were not to be deemed as the members of the Selection Committee.