SUPREME COURT OF INDIA
HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE A.M. KHANWILKAR, HON'BLE THE CHIEF JUSTICE
DR. AKSHYA KUMAR BISOI – Appellant
Versus
ALL INDIA INSTITUTE OF MEDICAL SCIENCES – Respondent
JUDGMENT
Dr D Y CHANDRACHUD, J
1. The jurisdiction of this Court under Article 32 of the Constitution has been invoked by two cardiac surgeons. They are attached as Professors to the Department of Cardio Thoracic and Vascular Surgery (CTVS) at the All India institute of Medical Sciences. Each of them, as indeed the Fourth respondent in relation to whom they raise a dispute, has an enviable record of service in AIIMS. Disputes in service are not a rarity, even among doctors. The distinguished service of the contesting doctors in the present case renders the task of the adjudicator unenviable. That one of them will rank senior is no reflection of the merit of the others. Life is not always equitable in assigning accolades.
2. The relief which the petitioners seek is a writ in the nature of mandamus directing the First respondent to determine their seniority in relation to the Fourth respondent in terms of a binding policy of 1997. They seek a direction that since their selection on 12 September 2005 as Additional Professors, they would rank senior to the Fourth respondent. The petitioners challenge the legality of the office memoranda dated 20 April 2010, 14 July 2017 and 24 August 201
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