- (1.) The Post Graduate Institute of Medical Education and Research, Chandigarh is a hospital and educational institute of national importance. The appointment of Mr. Onkar Nath Nagi, Professor and Head of Department of Orthopaedic Surgery, to the post of Dean of this premier institute, is questioned in this writ petition under Articles 226/227 of the Constitution of India. The petitioner herself is working as a professor in another department of Radiology in the same institute. Her name was considered by the recommending as well as appointing authority alongwith four other professors and Head of Departments of their respective specialities.
(2.) The principal grounds of challenge by the petitioner to this pivotal post of Dean of the institute are:- (1) No reasons/basis have been recorded either by the recommending or even the selecting authority for over-looking the claim of the petitioner and other senior eligible doctors working in the Institute. (2) No criteria, much less a valid and proper criteria, was formulated by the authorities for adjudging the comparative merit of the eligible persons. (3) The Governing Body fell in error of law in appointing respondent No. 4 as dean in absence of a recommendation of the Director in his favour. (4) The Governing Body as well as the Recommending Authorities failed to formulate any opinion on record on the basis of seniority and suitability white keeping other factors into mind, as postulated under the rules/ regulations. This vitiates the entire selection process.
(3.) Learned counsel for the respondents strenuously opposed the above contentions and contended:- (a) That the petitioner belong neither senior most professor of the Institute not she is recommendee of the Director, as such she has no locus-standi to file this petition or claim any relief therein. (b) The post of Dean being a selection post, merit alone was the criteria and as such the appointment of respondent No. 4 is not open to judicial scrutiny. (c) The authorities concerned were/are not required to state any reasons or formulate a criteria for ignoring/not selecting other eligible persons. (d) The governing body is not bound by the recommendation of the Director. It is competent to make appointments de hors the recommendations of the Director.;