Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(CAT) 8850

CENTRAL ADMINISTRATIVE TRIBUNAL
S. Sujatha, Judicial Member, Rakesh Kumar Gupta, Administrative Member
Lakshmi Sowjanya Bammidi – Appellant
Versus
Director, National Institute of Mental Health and Neuro Sciences (NIMHANS) – Respondent
ORIGINAL APPLICATION NO.170/00299/2022

Advocates:
For the Appellants/Petitioners: K. B. Muralidhar
For the Respondents: K. Prabhakar Rao, Vishnu Bhat

Unsuccessful selection candidates estopped from challenging process; public institutions must declare all selection outcomes transparently before re-advertising to prevent suspicion.

Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Service law - Recruitment process - Transparency in selection - Applicant challenged notifications for same post without declaring results of prior selection process where she participated but was not selected - Tribunal held that participation in selection process without success estops challenge to process; institute not required to declare non-selections publicly but practice of non-disclosure leads to suspicion - Directed institute to declare final results of all selection processes in public domain, preferably on website, for future selections to ensure transparency. (Paras 15-22)

(B) Recruitment rules - Faculty selection - No selection made when all candidates scored below threshold marks - Liberty to re-advertise post without declaring prior process outcome upheld, absent any right to appointment for unsuccessful candidate. (Paras 11-14)

Facts of the case:
Applicant, qualified with post-doctoral research experience, applied multiple times for post under notifications including dated 10.05.2018, attended interviews but scored low marks (39/100 in 2016, 30/100 in 2017 and 2018), not selected. Without public declaration of 2018 non-selection, institute issued fresh notifications for same post. Applicant sought quashing of later notifications and appointment per 2018 process.

Findings of Court:
Original Application dismissed as lacking merit; no direction for appointment issued; respondents directed to publicly declare selection results henceforth.

Issues: Whether failure to declare interview results publicly before re-advertising vitiates process; whether unsuccessful candidate entitled to challenge subsequent notifications or claim appointment.

Ratio Decidendi: Unsuccessful participant in selection process estopped from challenging it or claiming appointment; non-disclosure of results undermines transparency in public recruitment, mandating public declaration of outcomes, including non-selections, before fresh processes.

Result: Original Application dismissed with directions for future transparency.

Table of Content
1. applicant's challenge to recruitment notifications for assistant professor post. (Para 1)
2. alleged irregularities in 2018 selection process and re-advertisements. (Para 2)
3. selection based on interview performance; no obligation to notify unsuccessful. (Para 3)
4. applicant's consistent non-selection due to low interview scores. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14)
5. oa dismissed for lack of merit. (Para 15)
6. mandate public declaration of selection results for transparency. (Para 16 , 17 , 18 , 19 , 20 , 21)
7. oa disposed with directions; no costs. (Para 22 , 23)

ORDER (ORAL)

PER: RAKESH KUMAR GUPTA, MEMBER (A)

1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

a) To quash the Impugned Notification bearing No. NIMH/PER(6)/RECT/ADVT-3/Fac/2018-19 dated 12.11.2018 issued by the 1^st Respondent (Annexure-A9) in so far as it relates to inviting applications for filling up the post of Assistant Professor of Human Genetics in the 1^st Respondent NIMHANS.

b) To quash the Impugned Notification bearing No. NIMH/PER(6)/ RECT/ADVT-3/FAC/2022-23 dated 13.12.2022 (Annexure-A14) issued by the 1^st Respondent, in so far as it relates to inviting applications for filling up the post of Assistant Professor of Human Genetics in the 1^st Respondent NIMHANS.

c) To issue directions to the 1^st Respondent to appoint the applicant to the post of Assistant Professor of Human Genetics in NIMHANS in pursuance of Notification No. NIMH/PER(6)/RECT/ADVT-1/ Fac/ 2018-19 dated 10.05.2018 (Annexure-A4) with all consequential service and monetary benefits, in the interest of justice and equity in the eye of law.

d) Pass such other order/s as this Tribunal deems fit and just in the circumstances of the case in the interest of justice and equity in the eye of law.

2. The facts of the case as pleaded by the applicant in her pleadings, are as follows:

a) 1^st Respondent is an institution of national importance in the country as per the National Institute of Mental Health and Neuro Sciences, Bangalore Act, 2012; inter alia engaged in patient healthcare and neuroscience related research activities.

b) The Applicant is a scientist engaged in core basic genetics related academic research and a resident of Bangalore. She has Bachelor of Science (BSc) Degree, with First Division in Genetics, Zoology and Chemistry from Osmania University, Hyderabad, Master of Science (MS) Degree with First Division in Human Genetics from Andhra University, Visakhapatnam and Doctor of Philosophy (PhD) Degree in Genetics from Osmania University, Hyderabad. The applicant possesses seven (07) years and nine (09) months of post-doctoral research experience (January 2013 to August 2017 and from May 30, 2019 to till date) from the internationally renowned, prestigious research institute, Indian Institute of Science (IISc), Bengaluru.

c) Prior to the 2018 Notification, the Applicant applied for the post of Assistant Professor of Human Genetics at the 1^st Respondent Institute with respect to the Notifications issued during the years 2016 and 2017 and was called to appear for the personal interviews during the years 2016 and 2017. The applicant was not selected by the 1^st Respondent Institute for the said post.

d) The 1^st Respondent Institute, vide Notification No: NIMH/PER(6)/RECT/ ADVT-1/Fac/2018-19 dated 10.05.2018, invited applications for filling up the post of Assistant Professor of Human Genetics. The applicant, having all the required educational qualifications and adequate research experience for the post of Assistant Professor of Human Genetics applied for the faculty post by submitting an application on 22.06.2018 to the 1^st Respondent Institute. The applicant was shortlisted by the 1^st Respondent Institute vide Interview Call Letter No: NIMH/PER (6)/ RECT-DR/ADVT-1/2018- 19 dated 16.07.2018 to appear for the personal interview on 05.08.2018. The applicant appeared for the

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2024 Supreme(Online)(CAT) 8850

CENTRAL ADMINISTRATIVE TRIBUNALS. Sujatha, Judicial Member, Rakesh Kumar Gupta, Administrative MemberLakshmi Sowjanya Bammidi – AppellantVersusDirector, National Institute of Mental Health and Neuro Sciences (NIMHANS) – RespondentORIGINAL APPLICATION NO.170/00299/2022

Unsuccessful selection candidates estopped from challenging process; public institutions must declare all selection outcomes transparently before re-advertising to prevent suspicion.

Cases Referred (1)

CENTRAL ADMINISTRATIVE TRIBUNAL
S. Sujatha, Judicial Member, Rakesh Kumar Gupta, Administrative Member
Lakshmi Sowjanya Bammidi – Appellant
Versus
Director, National Institute of Mental Health and Neuro Sciences (NIMHANS) – Respondent
ORIGINAL APPLICATION NO.170/00299/2022