- (1.) Rule. Rule made returnable forthwith. Heard finally by consent of the parties.
(2.) The petitioner challenges selection and appointment of respondent no.3 Dr. Shivprasad Tukaram Hiragade as Associate Professor. By an advertisement no.308/2012 dated 19th October, 2012 the Maharashtra State Public Service Commission (hereinafter referred to as 'MPSC' for short) issued an advertisement for filling in posts of Associate Professor, General Surgery. The educational qualification required for the said posts was M.S. (Surgery)/M.S. (General Surgery). Against the experience clause the condition mentioned in the advertisement reads as under: " Experience of teaching as Assistant Professor/Lecturer in the subject concerned for five years in the recognised medical college/teaching institution." During the course of hearing it was submitted that around 77 persons applied. The MPSC shortlisted 38 persons and a select list of 11 deserving candidates was prepared. The respondent no.3 was the topper in the select list. Admittedly, the petitioner did not find place in the select list. The respondent no.3 was accordingly selected/appointed as an Associate Professor.
(3.) The petitioner filed Original Application No. 286/2013 challenging the selection and appointment of the respondent no.3 on the substantive grounds (a) the respondent no.3 did not possess experience required for selecting the candidate as Associate Professor, (b) The respondent no.3 was at the relevant time working as medical officer with the respondent no.2-Rajashri Chhatrapati Shahu Maharaj Government Medical College, Kolhapur. The medical officer's post is an administrative post, therefore, even if the respondent no.3 was allowed to discharge duties as lecturer, he could not be considered as Assistant Professor for participating in the selection process (c) the government resolution issued in the year 2003 is not applicable to the facts.;