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1998 Supreme(SC) 857

S.C.AGRAWAL, M.SRINIVASAN, S.SAGHIR AHMAD
Duryodhan Sahu – Appellant
Versus
Jitendra Kumar Mishra – Respondent


Judgment

Srinivasan, J.-Leave granted.

2. Two questions have arisen for decision (i) whether an Administra­tive Tribunal constituted under Administrative Tribunals Act, 1985 (hereinafter referred to as the ‘Act’) can entertain a public interest litigation and (ii) whether on the facts of this case the Tribunal has exceeded its jurisdiction in passing the impugned order?

3. The facts are as follows:

The petitioner in S.L.P. 10472-10474/95 hereinafter referred to as the petitioner, a qualified surgeon with M.S. Degree in General Surgery had been working in the Department of Gastroenterology of S.C.B. Medical College, Cuttack as an Assistant Surgeon from 17.9.1987. Earlier he worked as Lecturer in General Surgery from 11.6.84 to 17.9.86. From 17.9.87, he was assisting the Professor and Head of the Department of Surgical Gastroenterology for about five years during which period he had acquired ‘special training/experience’ in the said subject.

4. The Orissa Public Service Commission caused advertisement No. 27 of 1991/92 inviting applications for the posts of Junior Teacher (Lectur­er) in several disciplines including Surgical Gastroenterology. The last date for receipt of applications was












































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