Postgraduate training not equivalent to formal teaching experience; erroneous marks for unpossessed qualification arbitrary; expert selection upheld absent perversity.

JUDGMENT :

HEMANT CHANDANGOUDAR, J.

This writ petition has been filed seeking issuance of a writ of declaration to declare the appointments of respondents 3 and 4 as Assistant Professors in Microbiology, pursuant to the order dated 19.05.2014 passed by the second respondent, as illegal, arbitrary and contrary to the recruitment notification, and consequently to direct the second respondent to appoint the petitioner as Assistant Professor in Microbiology in the second respondent-University.

2. The second respondent issued a recruitment notification inviting applications from eligible candidates for appointment to the post of Assistant Professor in Microbiology, among other disciplines. The petitioner, as well as respondents 3 and 4, claiming to be fully qualified and eligible, submitted their applications. The petitioner applied under both General Turn and MBC category. All the candidates participated in the selection process and appeared before the duly constituted Selection Committee. Upon completion of the selection process, respondents 3 and 4 were selected and appointed. Aggrieved by the same, the petitioner has approached this Court.

3. The learned counsel for the petitioner would contend that the selection process is vitiated by arbitrariness and non-adherence to the prescribed eligibility criteria. It is specifically contended that the third respondent did not possess the mandatory three years of teaching/research experience in a recognised medical college, which is a sine qua non for appointment to the said post. It is further contended that marks were erroneously awarded to the third respondent towards Ph.D. qualification, despite the admitted position that she did not possess a Ph.D. degree.

4. Insofar as the fourth respondent is concerned, the learned counsel would submit that the research experience claimed by him in a private software company cannot be equated with research experience contemplated under the recruitment notification. It is therefore contended that both respondents 3 and 4 were ineligible and that the petitioner, who possessed all requisite qualifications and superior cre-dentials, has been unjustly denied appointment.

5. Per contra, the learned counsel appearing for respondents 2 and 3 would submit that the third respondent possessed sufficient teaching and research experience, including the experience gained during her M.D. course. Placing reliance on Clause 13.6 of the Medical Council of India Regulations, it is contended that postgraduate students are required to participate in teaching undergraduate students and interns and such experience ought to be taken into account. It is further submitted that the marks were awarded strictly in accordance with the recruitment notification and that in the absence of specific allegations of mala fides, the same cannot be interfered with in exercise of writ jurisdiction. It is also contended that the fourth respondent possessed more than the requisite research experience.

6. This Court has carefully considered the rival submissions and perused the entire materials placed on record. Despite service of notice, the fourth respondent has not entered appearance.

7. The qualification prescribed in the recruitment notification for the post of Assistant Professor in Microbiology is as follows:

MICROBIOLOGY DISCIPLINE

(i) A first or second class post-graduate degree with State/ UGC/CSIR/National Level Screening Test qualification or Ph.D. in Microbiology/related interdisciplinary subject with not less than three years of teaching research experience. (ii) Besides the above, candidates with a Post-graduate Degree in Microbiology in Medical, Veterinary and other professional faculties in the concerned subject with not less than three years of teaching/re-search experience are also eligible.

8. The qualifications prescribed under the recruitment notification for the post of Assistant Professor in Microbiology require a postgraduate degree in the relevant discipline, along with not