CAT quashes handicapped doctor`s selection to AIIMS
Central Administrative Tribunal (CAT) has quashed an ENT surgeon`s selection to AIIMS under orthopaedically handicapped category saying such relaxation was not mentioned while inviting applications.
|Last Updated: Jan 31, 2013, 06:24 PM IST|Source: Bureau
New Delhi: 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.
PTI
By clicking “Accept All Cookies”, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts.
Cookies Setting
By clicking “Accept All Cookies”, you agree to the storing of cookies on your device and the processing of information obtained via those cookies (including about your preferences, device and online activity) by us and our commercial partners to enhance site navigation, personalise ads, analyze site usage, and assist in our marketing efforts. More information can be found in our Cookies and Privacy Policy. You can amend your cookie settings to reject non-essential cookies by clicking Cookie Settings below.
Manage Consent Preferences
Strictly Necessary Cookies
These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work or you may not be able to login.
Functional Cookies
These cookies enable the website to provide enhanced functionality and personalisation. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly.
Targeting Cookies
These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They are also used to limit the number of times you see an advert as well as help measure the effectiveness of an advertising campaign. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.
Performance Cookies
These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we may not know when you have visited our site, and may not be able to monitor its performance.