ORDER

Hon’ble Dr. Amit Sahai, Member (A)

1. Being aggrieved by the Advertisement of one post of Professor in the faculty of Forensic Medicine and Toxicology under EWS category vide Advertisement dated 17.04.2021 (Annexure A/1) inviting applications of faculty posts in various departments of AIIMS, Jodhpur on direct recruitment/deputation basis, published by the AIIMS, Jodhpur, the applicant preferred this OA with a prayer not to de-reserve the vacancy for the post of Professor in faculty of Forensic Medicine and Toxicology and prayed to quash the same and direct to advertise the post only in the scheduled caste category.

2. Facts of the case in brief to adjudicate the case are as under:-

2.1 The applicant is well qualified Medical Officer working on the post of Additional Professor in the department of Forensic Medicine and Toxicology in AIIMS Bhatinda. According to him he has the qualification and work experience including research and teaching experience which is relevant for consideration of his candidature for appointment to the post of Professor in the Department of Forensic Medicine & Toxicology, AIIMS Jodhpur. He joined as Additional Professor in AIIMS Bhatinda on 06.12.2019 and is continuing on the said post till date. Since he is desirous of participating in the selection process being undertaken by the respondent institute for direct recruitment/deputation on the post of Professor in Forensic Medicine and Toxicology (FMT) department for which the respondents have issued the impugned advertisement dated 17.04.2021 (Annexure A/1) However, the post of Professor in the said department has now been classified under EWS category, whereas, the applicant belongs to scheduled caste category.

2.2 It is the submission of the applicant that the post of Professor in department of FMT is vacant/created in the respondent institute in the financial year 2017-18 and the respondent institute on 13.07.2018 (Annexure A/4) advertised the said posts in scheduled caste category as per Government of India policy on the subject. Since, this post was not filled up and so it was again advertised by the respondent through an advertisement dated 25.07.2018 (Annexure A/5), for scheduled caste candidates. However, it was again not filled up by means of direct recruitment/deputation resulting in its re-advertisement on 06.10.2018 under the same category (Annexure A/6). Again this post could not be filled in, therefore, re-advertised on 07.03.2019 and 13.06.2019, Annexure A/7 and A/8 respectively. These advertisements included other posts along with the specific post of Professor of FMT Department. On 01.08.2020, the same post remaining unfilled under Scheduled Caste category was re-advertised vide Annexure A/9. It is the averment of applicant that this post remaining unfilled since 2017 and 2018 was unreserved and on 17.04.2021, it was again advertised by shifting it’s the category for Scheduled Caste to EWS.

2.3 It is the allegation of the applicant that the post of Professor in the respondent institute under direct recruitment/deputation basis cannot be advertised in any other category apart from which it arises based on the roster applicable. Any post which is to be unreserved can be done so only by following a certain laid out procedure which has not been done by the respondents in this case. Aggrieved by the action of the respondent, by de-reserving the post of Professor in Forensic Medicine and Toxicology, vide their impugned advertisement dated 17.04.2021 (Annexure A/1) the applicant has been deprived of the opportunity to be selected under scheduled caste category, resulting in filing of this OA.

3. According to the respondents, the relief sought by the applicant to fill up the post of Professor in FMT by candidate belonging to scheduled caste category cannot be accepted as it is misconceived and baseless.

Moreover, the applicant has not filed any representation/appeal under Section 20 of the Administrative Tribunals Act, 1985, therefore, the OA