Patna High Court - Orders
Dr. Kumar Chandan vs Indira Gandhi Institute Of Medical ... on 31 January, 2023
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.318 of 2021
In
Civil Writ Jurisdiction Case No.20694 of 2018
======================================================
Dr. Kumar Chandan
... ... Appellant/s
Versus
Indira Gandhi Institute of Medical Science
... ... Respondent/s
======================================================
with
Letters Patent Appeal No. 373 of 2021
In
Civil Writ Jurisdiction Case No.20694 of 2018
======================================================
Indra Gandhi Institute of Medical Science
... ... Appellant/s
Versus
Dr. Nishant Kashyap
... ... Respondent/s
======================================================
Appearance :
(In Letters Patent Appeal No. 318 of 2021)
For the Appellant/s : Mr. Y.V. Giri, Sr. Advocate
Mr.Pranav Kumar, Advocate
Ms. Shrishti singh, Advocate
For the Respondent No.3: Mr. Mithilesh Kumar Rai, Advocate
Mr. Virendra Kumar roy, Advocate
Mrs. Vandana Kishore, Advocate
Ms. Kumari Suruchi, Advocate
For the Respondent No. 4: Mr. Umesh Prasad Singh, Sr. Advocate
Mr. Abhimanyu Vatsa, Advocate
Mr. Vaibhav Veer Shankar, Advocate
For the IGIMS : Mr. Sunil Kumar Singh, Advocate
(In Letters Patent Appeal No. 373 of 2021)
For the Appellant/s : Mr. Sunil Kumar Singh
For the Respondent No.
3 and 4 : Mr. Umesh Prasad Singh, Sr. Advocate
Mr. Rakesh Kumar, Advocate
Mr. Abhimanyu Vatsa, Advocate
Mr. Rajni Kant Singh, Advocate
Mr. Sameer Sawarn, Advocate
Mr. Vaibhav Veer Shankar, Advocate
Mr. Manish Kumar, Advocate
For the IGIMS : Mr. Sunil Kumar Singh, Advocate
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Patna High Court L.P.A No.318 of 2021(9) dt.31-01-2023
2/6
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
9 31-01-2023Heard the matter at length.
2. Pursuant to the previous order dated 23.01.2023, Dr. Bindey Kumar, the Director, IGIMS, Patna is present in the Court.
3. Matter is relating to selection and appointment to the post of Assistant Professor (Orthopedic) for four posts in the Indira Gandhi Institute of Medical Science (for short 'IGIMS'). Perusal of the record, it is noticed that learned Single Judge has committed error in re-assessing the award of marks to the appellant-Dr. Chandan Kumar and Dr. Nishant Kashyap and has directed IGIMS to consider the candidature of Dr. Pawan Kumar-Petitioner in C.W.J.C No. 20694 of 2018.
4. We have noticed certain errors stated to have been committed by the Selection Committee or Expert Body who have awarded marks for various qualifications. The IGIMS stated that on 10.10.1991, State of Bihar adopted AIIMS Rules for the purpose of selection and appointment to teaching faculty in the Government Hospitals. Similarly, IGIMS passed a Resolution adopting AIIMS Rules On 06.03.1991, to that effect Patna High Court L.P.A No.318 of 2021(9) dt.31-01-2023 3/6 notification has been issued on 10.02.1994. Further, the teaching post were created in the IGIMS like Professor, Associate Professor, Assistant Professor etc. We are concerned with the post of Assistant Professor (Orthopedic). As on the date of advertisement in the year 2018 four posts were existing (vacant). In order to fill up the post of Assistant Professor (Orthopedic), the IGIMS have taken note of method of recruitment or prescribed qualification of the AIIMS and in so far as procedure for selection to the post of Assistant Professor. They have passed a Resolution dated 30.04.2014 and in this regard format of assessment of faculty appointment was provided to Selection Committee, which consisted of evaluation sheet for various qualifications number of marks have been fixed, for example, MBBS- 02 marks (-01 for each extra attempt) for each extra attempt, similarly, Column-V:-
Experience (Max: 5 marks) 01 marks for each extra year and Column-VII:-Research Publication (15 Marks) National/International index full credit 1 st and 2nd author journal of the subject-03, journal of allied subject-01 and non-indexed in the subject-01, in the allied subject-05. We have noticed from the records produced by the learned counsel for IGIMS, prima facie, there is no proper assessment of marks in so far as column Patna High Court L.P.A No.318 of 2021(9) dt.31-01-2023 4/6 no. -VII Research Publication which stipulate award of 15 marks for various heads, on the other hand, Selecting Authority have randomly awarded marks. For example Appellant-Dr. Chandan Kumar, he has been awarded 15 marks for which there are no supportive reasons as to how Selection Committee have awarded 15 marks. Further, for each of the National/International index full credit 1 and 2 and other items the Selecting Committee was required to award independent marks on different heads. Dr. Chandan Kumar has been awarded 15 marks which is the maximum marks under Column No. VII and it is not supported by material information as to how the Expert Committee or Selection Committee have awarded 15 marks randomly. Similarly, the errors have been committed by the Expert Committee or Interview Committee while awarding marks to the each of the candidates under various heads from column no. I to X. Therefore, we are prima facie of the view that the matter is required to be remanded to the Selecting Authority to undertake re-assessment of award of marks for I to X to all the 22 candidates.
5. At this stage we noticed that all the 22 candidates are not before this Court either in the writ petition or in the LPA. However, in the representative capacity three candidates are Patna High Court L.P.A No.318 of 2021(9) dt.31-01-2023 5/6 before this Court. Other selected and appointed candidates namely Dr. Indrajeet Kumar and Dr. Abhijit Subhash were not party to this proceeding, therefore, it is necessary to hear them before passing any order behind the back of such of those persons whose rights are likely to be affected in the event of quashing the entire process of selection and appointment from the stage of awarding of marks by the Interview Committee/Expert Body. The aforementioned finding is only tentative for the reasons that we have to hear the other two selected candidates. Therefore, learned counsel for the appellant-IGIMS is hereby directed to implead such of those two selected and appointed candidates by means of Interlocutory Application. In so far as non-impleadment of such of those unsuccessful candidates among 22 candidates they may not be necessary and proper parties, for the reasons that Apex Court in the case of Ranjan Kumar and Ors. Vs. State of Bihar and Ors., reported in, (2014) 16 SCC 187, held that in the representative capacity if a few candidates are party to the litigation that suffice. Moreover, in the event of remanding the matter to the Selecting Authority for re-assessment of award of marks to all the 22 candidates, in that event, such of those unsuccessful candidates will have a benefit of re-assessing their Patna High Court L.P.A No.318 of 2021(9) dt.31-01-2023 6/6 marks once again and it is beneficial to them.
6. Re-list this matter on 28.02.2023.
7. Personal appearance of Dr. Bindey Kumar, the Director, IGIMS Patna stands dispensed until further orders.
(P. B. Bajanthri, J) ( Arun Kumar Jha, J) Ashish/Daya/-
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