Judgment:
(ORAL)
Justice V.K. Bali, Chairman:
Dr. N.N. Sarkar, applicant herein, filed Writ Petition (Civil) No. 2493/2000 before Hon’ble High Court of Delhi seeking to quash appointment of Dr. Anand Kumar, third respondent herein, as Professor, Reproductive Biology, in the department of Reproductive Biology. During the pendency of the Writ, it appears, preliminary jurisdiction to decide this matter came to be vested with this Tribunal. That being so, present matter has come to be transferred to this Tribunal and re-numbered as TA No. 677/2009.
2. It is the case of the applicant that as per advertisement and rules, for medical candidates, requisite qualifications are (i) a medical qualification included in Schedule I and II or part II of the third Schedule of the Indian Council Act of 1956; (ii) a post graduate qualification e.g. M.D./M.S. or equivalent thereto in the discipline; and (iii) experience of fourteen years teaching and/or research in a recognized institution in the subject of specialty after obtaining qualifying decree of M.D./M.S. Thereafter, the qualifications required for non-medical candidates are prescribed as (i) post graduate qualification e.g. master degree in the discipline/subject; (ii) doctorate degree of a recognized University; and (iii) experience of fourteen years teaching and/or research experience in the discipline/subject concerned after obtaining doctorate degree. As per note given thereafter, for the post of Professor of Reproductive Biology, non-medical candidates should possess Masters degree in Reproductive Biology or Biology or Physiology. The third respondent, it is stated, does not posses even the elementary qualification of M.D./M.S. in the field of reproductive biology which is the basic requirement for appointment for the post of Professor in the department of Reproductive Biology. The third respondent is stated to be a medical candidate and, thus, was required to possess a degree of at least M.D./M.S. in the reproductive biology, and only then his candidature could be considered. From the Scheme of selection/appointment, it would reveal that in case of non-medical candidates, the conditions regarding specialties have been relaxed inasmuch as, a person who has masters degree in the filed of reproductive biology, biology or physiology, he can apply, but condition regarding subject has not been relaxed for Ph.D. as the non-medical candidate must possess the degree of Ph.D. in the discipline i.e. reproductive biology. From the extract of the advertisement, we find that insofar as, qualifications are concerned, the academic qualifications for medical disciplines are as under:-
(ii) A post graduate qualification i.e. MD/MS or a recognized qualification equivalent thereto in the discipline/subject of anatomy, Dermatology and Venereology, Neurology, Neuro-surgery, Urology, Medicine, Surgery, ENT, Reproductive Biology and Radio-Diagnoses.
Insofar as academic qualifications for non-medical disciplines are concerned, the same are reproduced below:-
2. For the post of Professor of Reproductive Biology, the non-medical candidates should possess Masters degree in Reproductive Biology or Biology or Physiology.
3. Prima facie, it appears, the third respondent would have the requisite qualification as prescribed. It appears that the contention of the applicant seems to be misplaced as he is wanting in such qualifications possessed by the third respondent, which may be required for medical discipline.
4. The present matter pertains to the year 2000, even though writ was filed before the Hon’ble High Court of Delhi. On two earlier occasions, no one chose to appear in support of this Application. Position is no different today as well. Present does not seem to be a case which may be prolonged any further. Even though, the only point raised by the applicant, in our view, prima facie, does not have merit, we would still dismiss this Application in default. Ordered accordingly.