JUDGMENT

B. P. JEEVAN REDDY, J. - The All Indian Institute of Medical Sciences (AIIMS) published a notification calling for applications for appointment to several posts including a post of Assistant Professor in Endocrinology. According to the notification published in the newspapers dated 20-8-1992, the last date for applying was 7-10-1992. We are concerned herein with the selection and appointment to the post of Assistant Professor (Endocrinology). Pursuant to the said notification, several persons applied for these post including Dr Nikhil Tandon and Dr Ajay Sood. Qualifications and other criteria of eligibility was as provided in the rules and regulations prescribed by the Institute, i.e., AIIMS. The selection committee met and prepared a panel of two candidates. Tandon was placed at No. 1 and Sood at No. 2. The selection committee recommended that since both the candidates are of high merit, it would be appropriate if the Institute creates another post to accommodate Sood. It, however, appears that the Institute could not create an additional post and since there was only one post, it appointed Tandon to it. Sood went to Delhi High Court by way of a writ petition questioning