Press Esc to close
Wednesday 22 April 2015
News updated at 4:19 AM IST
Weather
Max: 33.4°C
Min : 21.6°C
In Bengaluru
Sunny day

AIIMS doc selection quashed by CAT

New Delhi, Jan 31, 2013, PTI:

Central tribunal calls medical college decision arbitrary

The Central Administrative Tribunal (CAT) has quashed an ENT surgeon’s selection to AIIMS under orthopaedically handicapped category despite scoring less than the qualifying marks, saying such relaxation was not mentioned while inviting applications.

“Rules of the game cannot be changed, once the game is started,” the Tribunal said, while setting aside the selection of Mohammad Mubashshirul Haq, who had been selected despite scoring less than the cut-off marks as he was orthopaedically handicapped (OPH).|

“The respondents (AIIMS) have not notified any relaxed standards of suitability for the OPH candidates vide their notification (inviting applications) or any time thereafter to the knowledge of all competing persons”... the third respondent’s (Haq) selection done not on his merit but only on basis of relaxed standard of suitability adopted behind the back of the applicant is liable to be set aside,” the bench comprising members Ramesh Chandra Panda and Ajay Kumar said and also directed AIIMS to pay Rs 5,000 cost to the applicant, Dillip Kumar Samal.

The Tribunal while quashing Haq’s selection directed the All India Institute of Medical Sciences to select Samal to the post of senior ENT resident if he is otherwise qualified.
The order came on the plea of Samal challenging the selection of Haq on the ground that the same was “illegal, arbitrary and violative of the constitutional guarantees conferred on him”.

He had alleged that while had scored more than Haq in the entrance test, he was not selected but was kept in the waiting list, though both belonged to OBC category.
AIIMS in its defence had contended that there was no illegality or infirmity in its decision to call Haq for the interview or in selecting him for the post of senior resident in the ENT department under the OBC/OPH category.

It said that Haq had been called for the interview and finally selected in compliance of the benefits conferred on OPH candidates under the relevant Act and rules.
The Tribunal, however, rejected the contention saying AIIMS “cannot be permitted to act arbitrarily” to deny another persons’ right of proper and valid treatment in the matter of employment.


Go to Top

Photo Gallery
Tribute to JB Pattanaik

Tribute to JB Pattanaik

Galina Gorlova stands outside her destroyed home as she speaks to neighbours in the village of Nikis

Galina Gorlova stands outside her destroyed home as she speaks to neighbours in the village of Nikis

Atletico Madrid's coach Simeone attends a news conference in Madrid

Atletico Madrid's coach Simeone attends a news conference in Madrid

Pal community mass marriage ceremony

Pal community mass marriage ceremony

Indian students take part in a fitness program in Ahmedabad

Indian students take part in a fitness program in Ahmedabad

One World Trade Center stands in Lower Manhattan,

One World Trade Center stands in Lower Manhattan,

People buy gold on the occassion of Akshaya Tritiya

People buy gold on the occassion of Akshaya Tritiya

People flee Sanaa with their belongings after an air strike hit a nearby army weapons depot

People flee Sanaa with their belongings after an air strike hit a nearby army weapons depot

An F/A-18C Hornet launches from the flight deck of the aircraft carrier USS Theodore Roosevelt

An F/A-18C Hornet launches from the flight deck of the aircraft carrier USS Theodore Roosevelt

People take part in the Color Run near the Eiffel Tower, in Paris

People take part in the Color Run near the Eiffel Tower, in Paris

Copyright 2014, The Printers (Mysore) Private Ltd., 75, M.G Road, Post Box 5331, Bengaluru - 560001
Tel: +91 (80) 25880000 Fax No. +91 (80) 25880523