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Judgment
By way of the present writ petition, the petitioner has challenged non-inclusion of his name in the list of eligible candidates, having applied for the
post of Principal and Controller, Medical College & Group of Associate Hospitals at Bikaner, Kota and Udaipur.
Dr. Nupur Bhati, learned counsel for the petitioner invited Court’s attention towards the eligibility criteria given in the
Notice/Vigyapti/advertisement (Annex.-1) and submitted that the petitioner possesses all requisite qualifications to be appointed on the post of
Principal-cum-Controller, Group of Associate Hospitals and the action of the respondents in not showing petitioner’s name in list of eligible
candidates called for interview deserves to be quashed and set aside.
Mr. Pankaj Sharma, learned Additional Advocate General has entered caveat on behalf of the respondents and also filed a reply to the writ petition.
As per the stand taken in the reply, so far as petitioner’s eligibility is concerned, no dispute has been raised; however, it has been stated that
petitioner’s name has not been shown in the list of eligible candidates in wake of various complaints pending against him and further in view of the
fact that an FIR has been lodged against the petitioner.
Heard learned counsel for the parties.
In considered opinion of this Court, while publishing a list of eligible candidates, the respondents are required to ascertain as to whether a candidate
applying for the post of Principal possesses all the requisite eligibility criteria and experience etc. or not.
The factum that certain complaints or criminal case are pending against the petitioner, can never be a consideration while publishing a list of eligible
candidates, as the same does not hit upon the eligibility to apply for the post.
In view of the aforesaid, the writ petition succeeds.
The respondents are directed to permit the petitioner to appear in the interview, which is scheduled at 4.00 pm today. It will be responsibility of Mr.
Pankaj Sharma, learned Additional Advocate General to telephonically inform the respondent(s) to permit the petitioner to take part in ongoing
interview.
Needless to observe that in case respondents feel that in the face of pending inquiry and allegations levelled against him, the petitioner is not
suitable for such post, they can take appropriate decision in accordance with law. The petitioner shall have the liberty to challenge such decision, if his
candidature is rejected on such count.
Stay petition also stands disposed of accordingly.