CENTRAL ADMINISTRATIVE TRIBUNAL CUTTACK BENCH TA No. 1 OF 2022 Reserved on :16.12.2025 Pronounced on :17.12.2025 Coram : Hon’ble Mr. Sudhi Ranjan Mishra, Member (J)

Hon’ble Mr. Pramod Kumar Das, Member (A)

1. Dr. Dipti Mohapatra, aged about 41 years, D/o Dr. Samarendra Kumar Mohapatra, Plot No. 1031/A, Shanti Nagar, Jharpada, Bhubaneswar, Dist Khurda. ……Applicant VERSUS

1. Director, All India Institute of Medical Sciences, Bhubaneswar, Sijua, PO Dumduma, Bhubaneswar, Dist Khurda.

2. Registrar of Administration, All India Institute of Medical Sciences, Bhubaneswar, Sijua, PO Dumduma, Bhubaneswar, Dist Khurda.

3. Kalpana K Barhwal, Assistant Professor, Department of Physiology, All India Institute of Medical Sciences, Bhubaneswar, Sijua, PO Dumduma, Bhubaneswar, Dist Khurda.

……Respondents For the applicant : Mr. Sameer Kumar Das, counsel For the respondents: Mr. Amrit Mishra, counsel Mr. S K Ojha, counsel Mr. H. S Mishra, counsel.

O R D E R Hon’ble Mr.Sudhi Ranjan Mishra, J.M.

The applicant had filed Writ Petition (C) No. 11679/2016 before Hon’ble High Court and vide order dated 25.07.2022, Hon’ble High Court transferred this matter to this Tribunal for adjudication and it was numbered as TA No. 1/2022 The applicant challenging the appointment of respondent no. 3 as Assistant Professor in the regular Faculty Post of Physiology in All India Institute of Medical Sciences, Bhubaneswar pursuant to advertisement dated 08.07.2015 has filed this TA praying for following reliefs:

a) To admit the writ petition, call for the relevant records as deem necessary and after hearing the parties upon notice allow the same directing the opp. Parties No. 1 and 2 to revise the selection made to the post of Assistant Professor in Physiology by cancelling the selection/appointment of opp. Party No. 3 to the post of Assistant Professor, Physiology in AIIMS, Bhubaneswar vide Annexure 1 in the unreserved category and to select the petitioner instead and give her the appointment to the said post.

b) And may further be please3d to pass any other order/orders as would be deem fit and proper as facts and circumstances of the case.

2. The brief facts of the case as inter alia averred by the applicant in the TA is that applicant in pursuance to advertisement dated 07.07.20215 of the respondent department had applied for the post of Assistant Professor in Physiology in unreserved category. It is submitted that the said post was advertised for two vacant posts, one for unreserved and the other for the reserved (SC) category. It is submitted that as per the advertisement, two categories of candidates were invited for the post of Assistant Professor. The first category of candidates belonged to medical discipline, while the second category of candidates belonged to non-medical discipline. It is submitted that applicant belonged to medicine discipline whereas the respondent no. 3 belonged to non- medical category. It is submitted that applicant was selected for the interview but she was not selected for the said post despite having faired well in the interview and later she learnt that respondent no. 3 has been selected for the said post under unreserved category and through RT4I she came to know that respondent no. 3 had obtained highest mark in the interview with average mark of 71.38 and thus was selected for the post under unreserved category. It is submitted that the applicant had obtained mark of 64.75 which is highest in the un-reserved category. It is submitted that applicant was surprised to learn that though respondent no. 3 had secured highest mark in the interview she was otherwise not having requisite eligibility to even apply for the said post since she has an M. Sc. Degree (Masters) in Bio-Medical Sciences which is not allied or equivalent subject to Physiology. It is submitted that as per the advertisement a non medical candidate applying for the post of Assistant Professor in Physiology must be having Post Graduation qualification like Master Degree in the