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 the selection and appointment of Tandon. Though several grounds were raised in the writ petition, only one point was urged at the time of hearing, viz., that Tandon was not qualified to hold the said post and, therefore, his selection and appointment is illegal. The Delhi High Court has upheld the said contention and has set aside the selection and appointment of Tandon. These two special leave petitions are preferred by Tandon and the Institute.

2. Leave granted in both the special leave petitions.

3. The Institute was established and is governed by the All India Institute of Medical Sciences Act, 1956. Section 5 declares the Institute to be an institution of national importance. Section 23 provides that :

" (N)otwithstanding anything contained in the Indian Medical Council Act, 1933, the Medical degrees and diplomas granted by the Institute under this Act, shall be recognised medical qualifications for the purposes of that Act and shall be deemed to be included in the First Schedule to that Act."

Section 24 empowers the Institute to grant medical degrees, diplomas and other academic distinctions and titles under the Act. Section 28 confers the rule-making power upon the Central Government to carry out the purpose of the Act whereas Section 29 empowers the Institute to make regulations in respect of matters provided therein with the previous approval of the Central Government.

4. The All India Institute of Medical Sciences Recruitment Rules, 1981 prescribe the method and mode of recruitment to the posts in the Institute. Rule 12 which carries the sub-heading Qualifications says that the academic and professional qualifications including experience prescribed for each post shall be as per Schedule I to the Rules. Rule 11, which carries the sub-heading "Postgraduate Qualifications", reads :

"Postgraduate qualification means a postgraduate qualification recognised as per the Medical Council of India Act and for this purpose the holder of an MAMS (Membership of the Academy of Medical Sciences) awarded after an examination held by the Indian Academy of Medical Sciences will be deemed to possess a recognised postgraduate (degree) qualification."

Schedule I to the Rules prescribes the qualifications for the teaching posts mentioned therein. Serial No. 7 of the Schedule pertains to the post of Assistant Professor. It reads :

"Assistant Professor (Medical),

Pay Scale : Rs 3500-125-4500+NPA.

Essential. - 1 to 3 same as for Professor (Medical)

Experience (for general disciplines). - Three years teaching and/or research experience in recognised institution in the subject of speciality after obtaining the qualifying degree of MD/MS or qualification equivalent thereto.

Experience (for superspecialities disciplines). - One year teaching and/or research experience