Judicial review of expert selections is limited; candidates who participate without objection cannot later challenge the selection on grounds of eligibility.

ORDER :

Heard Sri M.Surender Rao, learned Senior Counsel appearing for Sri Rama Rao Kilaru, learned counsel for the petitioner; and Sri G.Venkateshwarlu, learned Standing Counsel for Central Government appearing for respondent Nos.1 to 3 and perused the record.

2. This writ petition is filed under Article 226 of the Constitution of India, with the following prayer:-

“…to issue a writ order or direction especially one in the nature of Writ of Certiorari

a) calling for records in O.A.187 of 2016 and its order dated 12.12.2023 of the Central Administrative Tribunal, Hyderabad Bench and the orders passed in R.A.No.5 of 2024, dated 01.04.2024 and quash the same.

b) further declare that, Petitioner is entitled to be selected and appointed as Scientist "C" (Nutritionist) in 3rd Respondent Organization in pursuance of Notification No.Nin/Advt./Sci/1/2012-13, dated 02.01.2013.

c) further declare that, the selection and appointment of the 4th Respondent to the post of Scientist "C" (Nutritionist) in the 3rd Respondent Organization is illegal and arbitrary and unjust, therefore, his appointment is liable to be set-aside.

d) and pass such order or orders as this Hon'ble Court may deemed fit and proper in the circumstances of the case.

3. This Writ Petition is filed questioning the legality and propriety of the order dated 12.12.2023 passed by the Central Administrative Tribunal, Hyderabad Bench (CAT) in O.A.No.187 of 2016 dismissing the O.A. filed by the writ petitioner herein, as also the consequential order dated 01.04.2024 passed in Review Application No.020/005/2024, whereby the review application filed by the petitioner to review the order dated 12.12.2023 in O.A.No.187 of 2016 came to be dismissed.

Factual Matrix (in brief)

4. The 3rd respondent issued Notification No. NIN/Advt/Sci/1/2012-13, dated 02.01.2013, inviting applications for recruitment to various posts including one post of Scientist-C (Nutritionist) in the National Institute of Nutrition (NIN), Hyderabad, under the Indian Council of Medical Research (ICMR). The notification prescribed the following essential qualifications for the said post, so far as material is extracted hereunder:

First Class Master’s Degree in Food Science/Nutrition or equivalent degree from a recognized University

OR

Second Class Master’s Degree with Ph.D. degree in relevant subject from a recognized University.

Four years R&D experience in the related subject after obtaining essential qualification(s) (1) above

5. The petitioner, who possess a post graduate degree, M.S. in Nutritional Sciences (2006) and Ph.D. in Nutritional Sciences (2011) from Oklahoma State University, USA, apart from other academic and research credentials, applied for the said post within the stipulated time. Upon scrutiny, the petitioner was shortlisted and was called to appear for the written test and personal discussion/interview held on 22.12.2015 at the ICMR, New Delhi, before a duly constituted Selection Committee.

6. Around 121 candidates, including the petitioner and the 4th respondent, participated in the selection process. Subsequently, by proceedings dated 09.05.2016, the 4^th respondent, namely, Dr. Paras Sharma, was selected and appointed to the post of Scientist-C (Nutritionist). The 4^th respondent admittedly possessed an M.Sc. in Food Technology and Ph.D. in Food Science and Technology.

7. Aggrieved by the said selection, the petitioner approached the CAT by filing O.A.No.187 of 2016