SUNIL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, for the State for the Indira Gandhi Institute of Medical Sciences, Patna and for Respondent No. 12.

(2.) THE petitioner in 1997 joined the three year M.D., Community Medicine course conducted by the Respondent -Indira Gandhi Institute of Medical Sciences, Patna (hereinafter to be referred as 'IGIMS ') and completed the same successfully. An advertisement was published by the IGIMS being No. 1 of 2004 inviting applications, inter alia, for the post of Assistant Professor, Community Medicine. He applied in response to the same. The selection committee after interview on 15.5.2004 recommended his name. Respondent No. 12 was at serial 2 of the panel. The post was solitary. The Board of Governors of the IGIMS decided to have second opinion on the recommendation of the selection committee from a three man committee. This three man committee doubted the validity of the course of M.D., Community Medicine conducted by the IGIMS and opined that it requires a 'probe ' into the course being run by the Institute. The Board of Governors in its meeting dated 21.12.2005 rejected the recommendation of the selection committee with regard to the candidature of the petitioner. His representation also came to be rejected on 6.2.2006. The respondents then published a fresh advertisement on 8.2.2006. In pursuance of which Respondent No. 12, who has his qualification of M.D. in Community Medicine from All India Institute of Medical Sciences, Delhi has been appointed. The petitioner questions the same also after what he alleges his wrongful denial of the recommendation in his favour by the selection committee.

(3.) LEARNED counsel for the petitioner submitted that IGIMS is recognized by the Medical Council of India. It is also a Deemed University under the U.G.C. Act. A piquant situation is sought to be created by the Institute where it refuses to recognize a qualification granted by it for its own purpose. The petitioner has sufficient experience and it is not the case of the IGIMS that the M.D., Community Medicine course conducted by it is of substandard quality. On the contrary, the State Government has issued an essentiality certificate on 29.10.1998 for purpose of obtaining recognition from the Medical Council of India, inter alia, for M.D. course. The petitioner, therefore, definitely has a case for appointment on the post of Assistant Professor, Community Medicine in so far as the present Institute is concerned. What shall be his status with regard to the aforesaid qualification outside the Institute is not relevant in the present situation.