The main legal point established in the judgment is that the Institute cannot prescribe qualifications in variance with or in derogation of the qualifications prescribed by NMC. The court accepted the petitioner's eligibility based on the criteria laid down in Regulations, 2019, which govern the present selection.

JUDGMENT

Jyoti Singh, J. This is the second round of litigation by the Petitioner. By this writ petition, Petitioner seeks inter alia quashing of letter dated 22.05.2021, whereby Respondent No. 1/Institute of Liver & Biliary Sciences (hereinafter referred to as the `Institute') has rejected Petitioner's application for the post of Professor (Surgical Hepatology) on the ground that he does not fulfil the eligibility criteria of publications as prescribed under the Institute's Recruitment Rules (hereinafter referred to as the `RRs'). Writ of mandamus is sought directing the Institute to re-initiate the process of screening/selection in terms of order passed by this Court on 01.02.2021, in the earlier writ petition filed by the Petitioner being W.P.(C) 1129/2021.

2. Factual score, as per the narrative in the writ petition and necessary for adjudicating the issues emanating therefrom is that the Petitioner completed his MBBS and M.S. in General Surgery from Kanpur University and thereafter pursued his Ph.D. in Gastro-intestinal (GI) Surgery from Delhi University. He joined the Department of GI Surgery at G.B. Pant Hospital in 1986 as a Resident, where he dedicatedly offered his services in teaching, research and clinical activities till 1998. Petitioner not only taught but was also an examiner for students in M.Ch. (specialisation in GI surgery) degree course as an ad-hoc Associate Professor. In 1998, Petitioner cleared the UPSC examination and was posted at G.B. Pant Hospital as regular Associate Professor, GI Surgery. Between 2005-2019, Petitioner worked as Senior GI Surgeon/CEO/Head/Chairman /Director of GI Surgery Department in various reputed Hospitals like Batra, Fortis, Kailash, Agrasen, to name a few. By a letter dated 07.02.2019, Secretary General of Medical Council of India (hereinafter referred to as the `MCI') confirmed Petitioner's eligibility for post of Professor in the Department of Surgical Gastroenterology in medical colleges in India, based on his academic qualifications, teaching experience and research publications.

3. On 18.12.2016 and 19.10.2017, advertisements were issued by the Institute inviting applications for the post of Professor (Surgical Hepatology) as per which the criteria of eligibility was M.Ch. in Surgical Gastroenterology (2/3/5/6 years recognized course) or a qualification recognized equivalent thereto with 11 years teaching and/or research experience in a recognized Institution in the Department of Surgical Gastroenterology etc. Petitioner applied for the post and was hopeful of a positive outcome being eligible, experienced and meritorious. Between 2017-2020, Petitioner visited the Institute several times to enquire about the status of his application, but no information was shared with him and on 15.10.2020 he filed an RTI application to ascertain the status. Replying to the RTI application on 13.11.2020 and 15.12.2020, Institute informed the Petitioner that his application had been rejected as he did not possess M.Ch. degree in Gastroenterological Surgery. This decision of the Screening Committee as per the Petitioner was illegal and contrary to the conditions advertised in the advertisements. According to the Petitioner, the Screening Committee did not consider his equivalence which was clearly demonstrated by his qualifications as per the criteria laid down by MCI under the `Minimum Qualifications for Teachers in Medical Institutions Regulations, 1998' (hereinafter referred to as the `Regulations, 1998') and his selection as Associate Professor by UPSC. Finding no other option, Petitioner filed a writ petition in this Court being W.P.(C) 1129/2021, challenging the rejection of his application by the Institute.

4. In the meantime, on 31.01.2021-01.02.2021, Institute published a fresh advertisement for filling up the post and thus the Court disposed of the writ petition on 01.02.2021 on a statement made on behalf of the Institute that if the Petitioner applies, his application shall be