Maharashtra Public Service Commission Vs. Dr. Bhanumati
Purushottam Rathod & Ors  INSC 439 (21 April 1997)
RAMASWAMY, D.P. WADHWA
O R D
E R Though notice was served on the contesting respondent, he is not appearing
either in person or through counsel.
granted. We have heard learned counsel for the appellant.
admitted position is that for appointment to the post of Deputy Medical
Superintendent, qualification prescribed is of post graduation in Medicine and
15 years' experience. Admittedly, the respondent did not possess 15 years'
experience. He had only 14 years' experience. The Tribunal in the impugned
order dated October 24,
1996 in O.A. No.
954/97 has held that the condition of 15 years experience is vague and,
therefore, the respondent was wrongly excluded from the zone of consideration
without calling for the interview. Since the selection without calling for the
interview. Since the selection had already taken place, the Tribunal has
granted exemplary costs and compensation to the respondent. We find that the
procedure adopted by the Tribunal is wholly and unwarranted. The only question
the Tribunal was required to consider was whether the respondent fulfilled the
qualifications prescribed for the post. In view of the admitted position that
15 years' experience is one of the qualifications for selection and since the
respondent did not possess the same, the respondent was rightly not called for
interview. the Tribunal, therefore, not justified in holding that the respondent
was wrongfully excluded from being called for interview for selection. It is
not a case of wrongful rejection, but of rejection in accordance with the
otherwise also, the Tribunal could not award any damages as it is beyond its
jurisdiction to grant relief by way of damages.
appeal is accordingly allowed and the order of the Tribunal stands set aside.