Full Judgment Text
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PETITIONER:
MAHARASHTRA PUBLIC SERVICE COMMISSION
Vs.
RESPONDENT:
DR. BHANUMATI PURUSHOTTAM RATHOD & ORS.
DATE OF JUDGMENT: 21/04/1997
BENCH:
K. RAMASWAMY, D.P. WADHWA
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Though notice was served on the contesting respondent,
he is not appearing either in person or through counsel.
Leave granted. We have heard learned counsel for the
appellant.
The 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 rules.
Even otherwise also, the Tribunal could not award any
damages as it is beyond its jurisdiction to grant relief by
way of damages.
The appeal is accordingly allowed and the order of the
Tribunal stands set aside. No costs.