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Judgment
Hon’ble Mr. Tarun Shridhar, Member (A)
The applicant is aggrieved that despite meeting all the essential eligibility criteria to hold the position of Dean in the Dental College of ESIC, she has not been selected. On the other hand, the person, who has been selected against the said post, does not hold the essential qualifications set out in the relevant Recruitment Rules. By virtue of the present Original Application, she seeks the following reliefs.
“(i)Declare the Provisional Selection of Respondent No. 3 as a candidate for the post of Dean ESIC Dental College in terms of result dated 27 May 2022 as null and void;
(ii)In the event of prayer (i) being granted in favour of the Petitioner may direct that the candidate falling at Wait List No: 1 in the results declared on 27.05.2022 may be declared to the selected for the post of Dean Dental College in terms of the Recruitment rules of Respondent no: 1
(iii)Pass any other and further order(s) as this Hon’ble Tribunal may deem fit and proper”
Learned counsel for the applicant draws attention to the relevant Recruitment Rules governing selection to the post of Dean, which stipulate that a person who hold this position must have fourteen years teaching experience in a recognized institution in the subject of speciality after obtaining the qualifying degree of Masters of Dental Surgery.
The case of the applicant is that the respondent no. 3, who has been selected to hold this position, does not meet the requisite qualification in terms of the years of the experience.
Learned counsel for applicant argues that in view of the specific provision in the relevant Recruitment Rules, there is no cause for the respondents to deviate from the same, as the said Rules do not provide any exemption.
The applicant has preferred a comprehensive representation raising the grievance before the appropriate Competent Authority on 13.06.2022. Said representation is lying pending followed by a reminder dated 29.06.2022 and another dated 30.06.2022 and further dated 17.07.2022. None of these representations have so far been considered by the Competent Authority, submits the learned counsel.
There is no representation on behalf of the respondents today. Learned counsel for the applicant presses for adjudication of his prayer for Interim Relief and submits that he has already served an advance notice to the respondents.
Having heard the learned counsel for the applicant and gone through the relevant record, we are of the considered opinion that the interest of justice would be met, if a time bound direction is given to the Competent Authority among the respondents to take a considered view in accordance with Rules on the aforesaid pending representations of the applicant.
Let the said authority take a decision within ten days from the date of this Order. As per the learned counsel for the applicant, the appointment to the post of Dean pursuant to the selection is yet to be formally made.
Accordingly, the respondents may not give effect the said selection till the pending representations of the applicant is decided. We make it clear that we have neither examined nor gone into the merit of the claim of the applicant.