NDLI: Dr. Duryodhan Sahu and Ors. Vs. Jitendra Kumar Mishra and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Administrative Tribunals Act Constitution of India: Art. 226/227 and 32 19 and 20 1985: S.14 15
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India Administrative Tribunals Act, 1985 (13 of 1985)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Administrative Tribunals Act, 1985-S.14, 15, 19 and 20-Power of Administrative Tribunals to entertain Public Interest Litigation ( P.I.L. )-Held, Administrative Tribunals cannot entertain P.I.L.-Constitution of India, Articles 226/227 and 32-Public Interest Litigation. Administrative Tribunal-Jurisdiction-Technical Question-Held, Tribunal should not ordinarily interfere with the opinion of the experts and the concerned authorities.Words & Phrase-'Person Aggrieved', 'Service Matters', 'Order'-Meaning of in the context of Administrative Tribunals Act, 1985. The Orissa Public Service Commission issued an advertisement inviting applications for the posts of Junior Teacher (Lecturer) in several disciplines including surgical gastroenterology. The minimum educational qualification was prescribed as under :"(a). A candidate must have obtained a post-Graduate Degree in the concerned speciality/higher speciality or any other equivalent degree or Qualification prescribed by the I.M.C/Dental Council of India as the case may be for all the above posts.(b). For the post of surgical gastroenterology, candidates possessing M.S. (general surgical) Degree with 2 years special training in surgical gastroenterology from the institution recognised by the M.C.I. are eligible." The petitioner was a qualified surgeon with M.S. Degree in General Surgery and had been working in the Department of Gastroenterology of S.C.B. Medical College, Cuttack as an Assistant Surgeon from 17.9.1987 and was assisting the Professor and Head of the Department of Surgical . Gastroenterology for about five years during which period he had acquired the 'special training/experience' in the said subject. S.C.B. Medical College, Cuttack was also one of the institutions recognised by the Medical Council of. India (M.C.I.). In response to the aforesaid advertisement, the ., petitioner applied for the post of Junior Teacher (Lecturer) in the discipline of Surgical Gastroenterology. The case of the petitioner and another candidate was referred to the Director of Medical Education & Training by the Public Service Commission for his opinion on their eligibility for selection. The Director vide letter No. 1387 M.E.T. dated 20.7.1992 expressed his opinion that the petitioner was qualified to he considered as per M.C.I. rules along with other eligible candidates. The Commission recommended the name of Dr. M to Govt. alongwith the advice that it had maintained a reserve list of suitable candidates for a period of one year from the date of recommendation. The reserve list included the name of the petitioner. The Govt. found that the Department of Surgical Gastroenterology was understaffed and it was not in accordance with MCI Pattern. Hence, the Govt. created one more post of Lecturer on 25.8.1993 and on the same day, recquested the Public Service Commission to recommend the name of a suitable candidate from the reserve list. On 30.8.1993, the Commission recommended the name of the petitioner for appointment. At that stage, three applications were filed before the Central Administrative Tribunal. The prayers and the averments in all the three applications were almost identical. The prayers were for (i) quashing the order of the Govt. dated 25.8.1993 creating one more post of Junior Teacher, (ii) debarring the petitioner from being appointed as Junior Teacher and (iii) preventing the Govt. from appointing any candidate as Lecturer without requisite qualification and training in the super speciality. The substance of the allegations was that the petitioner did not possess the qualifications prescribed for the post of Lecturer and the Govt. in order to accommodate him created another post which was not advertised. It was alleged that the appointment was not only malafide and illegal but it was also against public interest and that the petitioner had exerted influence over the concerned authorities and managed to secure the appointment. The applications were opposed by the Govt. and the petitioner on merits as well as on the ground of maintainability. The Tribunal held that the applications were maintainable at the instance of the applicants and restrained the appointment of the petitioner as lecturer. The Tribunal refused to quash the Govt. order dated 25.8.1993 creating one more post of Junior Teacher. The Tribunal further directed the Health and Family Welfare Department to take appropriate steps for filling up the post after complying with the relevant statutory provisions and issuing a fresh advertisement through the Public Service Commission. Against the aforesaid order of the Central Administrative Tribunal, the petitioner and the State Govt. have appealed to this court. It was contended that the Administrative Tribunal constituted under the Administrative Tribunals Act, 1985 cannot entertain a public interest litigation and that the Tribunal had exceeded its jurisdiction in passing the impugned order by considering a technical question after brushing aside the opinion of the experts and the concerned authorities. The contention of the respondent was that the petitioner did not have two years special training in Surgical Gastroenterology from an institution recognised by MCI for the purpose of giving special training in the said subject.
Judge	Hon'ble Mr. Justice M. Srinivasan
Neutral Citation	1998 INSC 318
Petitioner	Dr. Duryodhan Sahu And Ors.
Respondent	Jitendra Kumar Mishra And Ors.
SCR	[1998] Supp. (1) S.C.R. 77
Judgement Date	1998-08-25
Case Number	4215

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