Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | post of Director of RIMS Recruitment Service Law health care institutions |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law: Recruitment – The Regional Institute of Medical Sciences (RIMS), Imphal is registered society and running public health care institutions in the north east India – Advertisement dated 16.08.2016 was issued by the Ministry of Health & Family Welfare inviting applications for the post of Director of RIMS – Writ petitions filed for quashing the advertisement on the ground that it did not provide relaxation in upper age limit; that the experience of 14 years for eligibility, as notified in advertisement was contrary to the criteria prescribed by Medical Council of India (MCI); that the vacancy to the post of Director had fallen vacant on 14.09.2015, as such Regulations which were existing on the date of vacancy would apply – In all the three writ petitions, advertisement dated 16.08.2016 inviting applications to fill up the post of Director was under challenge, and no challenge to the Rules and Regulations governing the recruitment to the post of Director was made – High Court however went into the validity of recruitment rules and recorded finding that rules were not amended as per the Rules, Regulations and Bye-Laws of the Society – Further, notification was quashed on the ground that after amendment to the Rules, such rules were not notified to public at large, as such, they were not in the public domain – High Court also held that the experience criteria as prescribed by the MCI Regulations was not prescribed in the advertisement and such regulations would have a binding effect, for filling up the post of Director in RIMS – Held: High Court committed an error in going into the validity of the Rules, in absence of any challenge to the same – Not notifying to public at large cannot be the ground to invalidate the notification, in the absence of any provision to that effect in the Bye-Laws of the Society or the Rules and Regulations framed for recruitment to the post of Director – As notified in “Minimum Qualifications for Teachers in Medical Institutions Regulations, 1998” issued by the MCI, the academic qualifications and experience applicable for the post of Director of medical institutions differed from those applicable for the post of Director/Medical Superintendent of affiliated teaching hospital – For the post of Director in a medical institution, ten years’ experience as Professor/Associate Professor/Reader in a medical college, out of which at least five years should be as Professor in a department, is prescribed – However, for the post of Director/ Medical Superintendent of the affiliated teaching hospital the required experience is ten years only – It is the specific case of the respondents that the RIMS is an affiliated teaching hospital – In view of such stand of the respondents it cannot be said that the experience for eligibility notified in advertisement dated 16.08.2016 is contrary to the MCI Regulations – So far as relaxation of upper age limit is concerned, High Court directed the competent authority and Executive Council of the Society to consider for providing such relaxation clause – It is not understandable as to how such direction can be given by the High Court for providing a relaxation which is not notified in the advertisement – While it is open for the employer to notify such criteria for relaxation when sufficient candidates are not available, at the same time nobody can claim such relaxation as a matter of right – The eligibility criteria is within the domain of the employer and no candidate can seek as a matter of right, to provide relaxation clause – Order of High Court set aside. |
Judge | Hon'ble Mr. Justice R.Subhash Reddy |
Neutral Citation | 2020 INSC 342 |
Petitioner | Dr. Thingujam Achouba Singh & Ors. |
Respondent | Dr. H. Nabachandra Singh & Ors. Etc. |
SCR | [2020] 6 S.C.R. 332 |
Judgement Date | 2020-04-17 |
Case Number | 2250-2252 |
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