Indian Kanoon - Search engine for Indian Law

30. Reliance was placed on the decision of this Court in the case of Kiran Rajaram Nimbalkar Vs. State of Maharashtra8 in which it was observed that in absence of any grading or marking system followed by the selection committee, the process of selection by the committee was vitiated. These observations cannot be seen in isolation. It was a case in which appointment of respondent No. 5 to the post of lecturer in a college was challenged. The guidelines prescribed by the Central Council of Indian Medicine for appointment to the post of lecturer postulated that if the postgraduation holders in the concerned subject are not available, then the candidates from the allied subjects could be considered. The petitioner and the another candidate 7 (2004) 7 SCC 112 8 2007(4) Mh.L.J. 775 OS WP 2932-3405-18.doc were having post-graduation qualification in the concerned subject i.e Agad Tandra from among 5 candidates who had appeared in the interview. Despite availability of such candidates respondent No. 5 who had post-graduation in an allied subject i.e. Kayachikitsa was selected and appointed on the basis of the performance in oral interview. It was in this background that the Court had held that his appointment was illegal observing that since the petitioner and the another candidate having post graduation in the same subject were available, why their cases were overlooked and respondent No. 5 was preferred cannot be known from the record and proceedings of selection committee in absence of any grading or marking system. The Court found that respondent No. 5 was not qualified on the age criteria also.