- (1.) The following facts are apparent from the record and are, even otherwise, presently beyond the pale of controversy.
(2.) The petitioner, who passed his M.D. (Paediatrics) examination in May, 1976, joined the Department of Paediatrics in the Post Graduate Institute of Medical Education and Research (respondent No. 1), as a Lecturer and Consultant, on 7.2.1981. For the period from 2.9.1981 to 30.9.1984, he functioned as a Lecturer and Consultant in the University of West Indies, Kingston, Jamaica. Thereafter, he re-joined PGI as Senior Research Officer in the year 1985. He was appointed and is functioning as Associate Professor of Paediatrics (Emergency and Intensive Care) w.e.f. 1.1.1987.
(3.) In October, 1998 (vide advertisement Annexure P1), respondent No. 1 invited applications for appointment to the two posts of Professor of Paediatrics (Allergy and Immunology) and Professor of Paediatrics (Neo-Natalogy). For the former post, a candidate had to be a holder of an M.D. Degree in the discipline of Paediatrics, with 14 years of teaching and/or research experience in the discipline; while a candidate for the latter post had to be holder of a D.M. and an M.D. Degree in the discipline of New-Natalogy, with 12 years of teaching and/or Research experience after the obtaining of D.M. The petitioner and respondent No. 4-Dr. Surjit Singh (impleaded vide order dated 12.1.2001) applied (only) for the post of Professor of Paediatrics (Allergy and Immunology). However, none of them received an interview call. The latter i.e. respondent No. 4 did not receive any interview call as he did not have requisite 14 years of experience, as on the last date of receipt of applications i.e. 31.12.1998. The petitioner made a written representation dated 4.11.1999 (Annexure P2) grudging the non-issuance of interview letter to him for the post of Professor of Paediatrics (Allergy and Immunology). Thereupon, respondent No. 1 issued a provisional interview letter dated 6.11.1999 (Annexure P3) to the petitioner. In pursuance thereof, the petitioner appeared before the Selection Committee on 15.11.1999 and was selected for appointment to the post of Professor of Paediatrics (Allergy and Immunology). However, the Selection Committee recorded a hand-written note on the proceedings that the petitioner would continue to work in his own area of interest. The recommendation for appointment of the petitioner to the post aforementioned was put up before the Governing Body of the PGI on 8.12.1999. The Governing Body did not approve the recommendation in respect of the petitioner in view of the hand-written note aforementioned. The Governing Body desired that the posts be re-advertised (Annexure P4).;