The Odisha High Court passed the judgement on2nd August 2022. In the case of Dr. Satya Narayan Bhujabala&Anr. v. Veer Surendra Sai Institute of Medical Science and Research, Burla and Ors. (W.P.(C) No. 16290 of 2022).The Orissa High Court has reiterated that Courts should be extremely reluctant in imposing their own views disregarding the statutes or rules governing appointment in the field of academics. While declining to interfere in a petition, which sough intervention of the Court against denial of candidature for the want of ‘chance certificate’, a Single Judge Bench of Justice Dr. S.K. Panigrahi, passed the judgement.
FACTS
The Respondent-University, on 19.4.2022, issued an advertisement for the post of Asst. Professor on contractual/ deputation basis for different discipline. In the Department of Anaesthesiology, 2 nos. Of vacancies were advertised. In the said notice, the qualification criteria was MD or equivalent Degree but for the purpose of merit assessment weightage was only given to mark secured in the Matriculation, Intermediate and MBBS examinations. One of the documents required to be submitted was a ‘Chance Certificate’ of MBBS /MD /MDS/DNB/MSc (Medical) Examination. The petitioners had applied against the said document During the document verification, the respondent did not point out any deficiency. On 22.6.2022, a provisional selection list was published in which the petitioners were shown as holding the 3rd (Anaesthesiology) and 8th (pathology) ranks in terms of merit, but were rejected on the ground of non same, the petitioners have filed this writ petition.
JUDGEMENT
The Court noted, there has been consistent view of the High Court that in the matter of appointment in academic institutions and Universities that are governed by statutes, the procedural requirements are considered to be mandatory. In the present case, Clause 8 of the advertisement provided a list of documents required to be submitted and one of the required documents as per Clause 8(vii) is Chance Certificate of MBBS/MD/MS/MDS/DNB/ MSc (medical)Examination. Hence, it was a necessary document to be submitted at the time of submission of form as well as at the time of verification of the documents.
It further highlighted that the said medical college had also given opportunity to show document (if any) at the time of verification, which the candidates might not have submitted along with the application form. Even after such relaxation, the petitioners did not bother to bring the chance certificate at the time of verification. Board of Secondary and Higher Secondary Education. The Court then relied on Maharashtra State Education & Anr. V. Paritosh Bhupesh Kumar Sheth& Ors., wherein it was held.,
Further, it relied on University Grants Commission v. Neha Anil Bobde, wherein it was held that in academic matters, unless there is a clear violation of statutory provisions, the regulations or the notification issued, the Courts shall keep their hands off. Accordingly, the Court declined to interfere in the matter and dismissed the petition.
JUDGEMENT REVIEWED BY KUNMUN DAS
