Selection processes must adhere to previously established criteria, and unilateral changes are impermissible once the process has commenced.

JUDGMENT :

BRIEF FACTS:

1. The instant petition has been preferred by the petitioner, in which he has called in question the impugned Advertisement Notice No. 02 of 2021 dated 17th April, 2021, besides called in question the order of Consideration bearing no. SIMS 130(P) of 2022 dated 30.07.2022 issued by Respondent No. 2. The petitioner has also sought a Writ in the nature of mandamus, seeking a direction against the respondents to select and appoint the petitioner against the post of Assistant Professor in Clinical Pharmacology, from amongst the Non-Medical Candidates by giving the benefit of such appointment from the date the same has been given to the Respondent No.3.

2. The instant petition came to be listed before this Court on 6th December 2022, in terms whereof this Court after feeling prima facie satisfied, restrained the official respondents from finalizing the selection to the post of Assistant Professor, Clinical Pharmacology.

3. Before indicating the grounds of challenge against impugned advertisement notice, it would be apt to refer to the brief factual background of the case, with a view to decide the controversy in question.

4. The petitioner has passed his M.Sc. Pharmacology from a recognized University and has obtained Ph.D. in Medical Pharmacology from a recognized University and pursuant thereto, the petitioner was appointed as Demonstrator in SKIMS Medical College, Bemina, Srinagar, on 8th May, 2003 and continued as such up to 26th July, 2007. The petitioner was appointed as Assistant Professor in Mahatma Gandhi Medical College, Jaipur on 18.10.2007 on substantive basis and he continued to work as Assistant Professor (Pharmacology) in the said college upto 17.10.2012. The petitioner was appointed as Associate Professor in the aforesaid college on 18.10.2012, on the basis of his Ph.D. Degree in Pharmacology. As per the stand of the petitioner, he was also appointed as Professor, Department of Pharmacology, on academic arrangement basis, at Government Medical College, Doda, where the petitioner was performing his duties as Professor and Head of Department, Pharmacology, at the time of filing of the writ petition.

5. As per the stand of the petitioner, in terms of Advertisement Notice No. 1 of 2012 dated 10th January, 2012, Respondent No. 2 invited applications for filling up various faculty positions of Professor and Assistant Professor, including four posts of Assistant Professor in Clinical Pharmacology, under Direct Recruitment at SKIMS, on regular/temporary basis. The further stand of the petitioner is that out of the four posts advertised in terms of the advertisement notice dated 10th January, 2012, the respondents filled up two posts of Assistant Professors in Clinical Pharmacology and two posts remained unfilled.

6. Further case of the petitioner is that while the process of filling the two posts was under consideration, Respondent No. 2 issued Government Order No. 74- SKIMS of 2013 dated 16th September, 2013, where under, the recruitment rules for filling up of the faculty positions in the Department of Clinical Pharmacology at SKIMS was notified,