Writ petition challenging unauthorized exclusion from Director of Anatomy appointment. Court directed respondents to reconsider petitioner representation based on eligibility within two months.
Direction to 2nd respondent to consider petitioner's representation and disposal within two months.
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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.40 OF 2023
ORDER:-
The present Writ Petition is filed under Article 226 of the Constitution of India, seeking a following relief:
“to issue an order or orders or direction or a writ one in the nature of Writ of Mandamus declaring the action of the respondents more particularly respondent No.2 in not appointing the petitioner to the post of Assistant Professor of Anatomy under the Notification vide dated 16.06.2020 for Direct Recruitment of Assistant Professor-2020 and Lateral Entry as illegal arbitrary unconstitutional, violation of principles of natural justice and in violative of Articles 14, 16 of the Constitution of India and consequently direct the respondents to appoint/select the petitioner to the post of Assistant Professor of Anatomy under the Notification vide dated 16.06.2020 for Direct Recruitment of Assistant Professor-2020 and Lateral Entry with all consequential benefits and pass such other order or orders..”
Heard learned counsel for the petitioner and learned Government Pleader for Services-IV for the respondents.
The case of the petitioner in brief is that the petitioner herein has completed M.Sc and Ph.D. in Anatomy and is working as Professor of Anatomy in Santhiram Medical College, Nandyal, Nandyal District. While so, the 2nd respondent issued notification dated 16.06.2020 for Direct Recruitment of Assistant Professor-2020 and Lateral Entry for various subjects. Basing on the said notification, the petitioner applied for the
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post of Assistant Professor of Anatomy and being qualified, the name of the petitioner was mentioned in the revised final merit list. Thereafter, the 2nd respondent issued a provisional selection list of anatomy dated 30.08.2020 and the petitioner’s name was shown at Sl.No.8. Subsequently, the 2nd respondent called for web counselling through video conference on 12.10.2022 at 3 p.m. through online and the petitioner attended for the counselling at 3 p.m. and when the petitioner’s name was called for the counselling, one applicant who stood at Sl.No.6 in the counselling, raised objection with regard to selection and eligibility of the petitioner. Thus, the 2nd respondent postponed the counselling without seeking any clarification from the petitioner and thereafter no information was given to the petitioner. It is further submitted that candidates who are possessing M.Sc with Ph.D. are eligible for consideration to the post of Assistant Professor of Anatomy. Moreover, the petitioner had completed M.Sc and Ph.D. in Anatomy.
The further case of the petitioner is that the Medical Council of India issued proceedings dated 26.02.2016 and 04.09.2019 stating that the petitioner is found eligible for the post of Assistant Professor in Department of Anatomy. Further, the National Medical College of India also issued proceedings dated 04.10.2022 stating that the petitioner is eligible for the post of Professor in the Department of Anatomy. Even though the petitioner is found eligible for the said post, the respondent authorities are taking steps for appointment to other candidates without
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any information to the petitioner. Aggrieved by the said action of the respondents, the petitioner filed the present Writ Petition.
Learned counsel for the petitioner would submit that pursuant to the notification issued by the 2nd respondent herein, the petitioner submitted his application for selection to the post of Assistant Professor in Anatomy. It is submitted that as per the notification, the petitioner is found eligible to hold the post of Assistant Professor. Therefore, the petitioner participated in the entire selection process and being meritorious and eligible, the petitioner was called for counselling on 10.12.2022. While so, due to the complaint of the another claimant, the counselling of the petitioner was deferred on 10.12.2022. Then, the petitioner submitted a representation on the same day through e-mail to the 2nd respondent. It is further submitted that after the postponement of the counselling in respect of the petitioner, so far, the petitioner was not considered even though the case of the petitioner is found eligible for the post of Assistant Professor.
On the other hand, learned Government Pleader for Services-IV submitted that in order to teach subjects at the medical colleges one should possess primary degree of MBBS. But, the petitioner herein possess only M.Sc. with Ph.D. in Anatomy. Therefore, the petitioner’s candidature may not be suitable for the post of Assistant Professor at the subject college.
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Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for Services-IV for the respondents, this Court is of the opinion to dispose of the Writ Petition, directing the 2nd respondent to consider and dispose of the representation dated 12.10.2022 submitted by the petitioner through e- mail by considering the candidature of the petitioner basing on the eligibilities of the petitioner and as per the terms and conditions of the notification and also as per the Rules formulated by the Medical Council of India within a period of two(02) months from the date of receipt of a copy of this order.
With the above directions, the Writ Petition is disposed of. There shall be no order as to costs.
As a sequel thereto, interlocutory applications pending, if any in
the writ petition, shall also stand closed.
_____________________________________________ JUSTICE VENKATESWARLU NIMMAGADDA
Date: 03.01.2023 BSP
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140
HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.40 of 2023
Date: 03.01.2023 BSP
2 issues framed by the court
Whether the petitioner who qualified as Assistant Professor of Anatomy was illegally excluded from appointment due to technical objections.
Whether the petitioner is entitled to an order directing the respondents to consider their representation regarding eligibility within a stipulated time.
1 provisions across 1 enactments
Petitioner
Respondents
Venkateswarlu Nimmagadda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
