POST GRADUATE INSTITUTE Vs. DRJ S DILAWARI
SUPREME COURT OF INDIA
Post Graduate Institute
Drj S Dilawari
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(1.)The Post-Graduate Institute of Medical Education & Research, known as PGI and hereafter referred to as 'the Institute at Chandigarh is an Institute of national importance created by a special parliamentary statute of that name being central Act 51 of 1966. The subject matter of these appeals by special leave centres round a dispute relating to the creation of the speciality of Paediatric Gastroenterology and the consequential filling up of the post of Professor therein. The contenders for that post in this round of litigation have been Dr (Mrs) Saroj Mehta and Dr J.B. Dilawari. The High court by the impugned Judgement not only set aside the selection, of Dr (Mrs) Mehta as Professor but also was very critical about the Institute and its functioning.
(2.)By an order dated 26.04.1988, made by this court a part of the dispute was made final, namely, the creation of the speciality in Paediatric Gastroenterology and creation of the post of Professor, by saying:
"For this bunch of appeals, therefore, the dispute over the creation of the post of Professor in the super-speciality is indeed irrelevant and that question, therefore, shall be taken as so concluded."
(3.)The court then directed by the said order that the qualifications for the post of Professor should be appropriately laid down by complying with the rules, regulations and procedure applicable to it and left the matter by observing:
"We hope and trust that everyone concerned with the process we have indicated above, would act in an appropriate way as provided for in the Act, the Rules and the Regulations. The entire nation has reposed its confidence in the Institute with the hope that the Institute would ultimately be responsible for the health care of the nation. This trust can be discharged only when every organ of the Institute functions in an appropriate way within the limits set by the law."
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