SUDHIR AGARWAL, J. - (1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner Dr. U. C. Lavania aggrieved by the judgment dated 5th January, 2004 of Central Administrative Tribunal, Lucknow (hereinafter referred to as Tribunal), dismissing original application No. 431 of 2001 challenging selection and appointment of Dr. S. P. S. Khanuja, respondent No. 3 on the post of Director, Central Institute of Medicinal and Aromatic Plants, Lucknow [hereinafter referred to as CIMAP].
(2.) THE facts in brief necessary for better understanding the dispute in question, are that the Council of Scientific and Industrial Research (herein­after referred to as CSIR) is a society registered under the Society Registra­tion Act established by Government of India to undertake scientific and industrial research in India. It has got several national laboratories in the country dedicated to scientific research and development work of medicinal and acromatic plants with respect to their genetic improvement, cultivation, production and chemical processing and CIMAP is one of the constituent national laboratories of CSIR. For the post of Director. CIMAP advertisement No. 1 of 2000 was published by CSIR prescribing the following qualification required for the post: "M.Sc. 1st Class with 16 years of experience or Ph. D. (Science) with 13 years of experience in the relevant field of the Laboratory. The candidate must be a creative innovative and well-established scientist /technologist of distinction possessing leadership qualities, a proven track record of managing inter-personal skills and an ability to communicate effectively. The candidate should preferably be around 50 years of age (relaxation in age limit, qualification and/or experience is permissible in case of exceptionally meritorious candidates). This is a contractual appointment for a period of six years or up to superannuation (at the age of 60 years) whichever is earlier. The contract however could be extended in exceptional cases." The petitioner worked as Lecturer since 1973 at Post-Graduate Department of Botany, Hindu College, Moradabad affiliated to Agra University, obtained his Doctorate in Botany from University of Calcutta in 1980 and joined as Scientist C with CIMAP on 27th July, 1982. He was promoted as Scientist E-I in CIMAP on 1st April, 1988 and Scientist E-II on 1st April, 1991. He was further promoted as Scientist F on 1st April, 1996 and he was also awarded Doctorate of Science in Botany by University of Calcutta in 1998. Fulfilling the requisite qualification prescribed for the post of Director. CIMAP as per the advertisement, he applied for consideration of his'candidature for the said post.
(3.) RESPONDENT No. 3, Dr. S. P. S. Khanuja, it is said, had also applied for the said post. The last date of submission of the application forms was 10.4.2000. A Selection Committee/Search Committee was constituted by CSIR consisting of the following: (i) Dr. M. S. Swaminathan Chairman (ii) Dr.S. D.Seth Member (iii) Prof. H. D. Kumar Member (iv) Prof. A. N. Purohit Member (v) Dr. D. B. A. Narayana Member (vi) Dr. D. K. Sharma Member (vii) Dr. C. R. Bhatia Member (viii) DG. CSIR Ex-officio Member ;