The Supreme Court Reject the writ petition stating that it was lacking in merit stand, as the qualification cannot be given a gobye on any circumstance whether it is for the appointment of first Dean cum Director or the subsequent Dean cum Director
Title-DR Uday Mulgund S/O Narayan VS The State Of Karnataka & anr.
+writ petition no.-105637/2023
CORAM-THE HON’BLE JUSTICE MR.M.NAGAPRASSANNA
INTRODUCTION
The writ petition was filed by the petitioner under article 226 &227 Of the constitution of India praying to issue a writ in the nature of certiorari or any other appropriate writ, order or direction and quash the notification bearing no. MED 501 MMC 2020 dated 12/09/2023 passed by the 1st respondent was rejected by the Supreme Court as it was lacking in the merit stand of the petitioner as he was not qualified to hold the post as director of the institute.
FACTS
The petitioner filed the petition before this court in question an order dated on 12/09/2023 by which the petitioner was repatriated to his original post of the Karnataka institute of medical science (kIMS) from the post of Director that he was appointed. As the facts of the case is that the petitioner was appointed as a lecturer in KIMS Hubballi on 25/02/1999 after which he was promoted to higher echelons ,first as an Assistant Professor in the year 2005 , next as an associated professor in the year 2010 and later as a Professor in the year 2019 after about three years os serving he was appointed as a Director on 12/07/2022 of Haveri Institute of Medical Sciences which was established in February 2022 for a period of four years or until further order. The petitioner assumes charge and was functioning as a director of the institute but on 12/09/2023 the fourth respondent was posted to the place of petitioner and the petitioner was sent back to his post of the professor at KIMS, Hubbali. While entertaining court had grant on interim order of stay on 13/09/2023 and for which respondent filed a statement & objection and therefore with the consent of the parties the matter was taken up for its final disposal. Where the council for petitioner states that the appointment of petitioner was by the government and he is qualified to hold the post of Director and condition of qua qualification is for the direct recruitment and the transfer order is violative order that appoints the petitioner which was for four years or until further orders. Whereas the council of respondent states that the power of first appointment the government has but that cannot be without the qualification and the petitioner is not qualified to hold the post of Director in terms of the Rules/bylaws of the Institution as also the regulation of the MCI for teaching personnel so is seeking dismissal of the petition.
THE COURT ANALYSIS AND DECISION
As per the Hon’ble court, Haveri Institute of Medical Science was established in the month of February 2022. The petitioner was appointed as a Director on 12/07/2022. As the question of law is whether the petitioner’s is in tune with the Rules, bylaws and Regulations of the MCI is what is required to be considered.
The Hon’ble court states that the service conditions or the recruitment and other traits of recruitment is governed by the Haveri Institute of Medical Sciences, Haveri Rules and Regulations, 2017.As Regulation 18 deals with the appointment of Dean and Director where Regulation 18(1) permits the Government to appoint the first Dean cum Director after getting satisfied as to his/her qualification and eligibility specified in clause (3). The Dean cum Director who is appointed therefore cannot be appointed dehors qualification. For an appointment to the the post of Dean cum Director one should have the minimum 10 years of teaching experience as professor, associate professor or reader out of which atleast 5 years “should be as a professor” in any department. Whereas the petitioner does have 10 year of teaching experience but have lack of minimum 5 years as a professor. As the government has the right to appoint the Dean cum Director of an Institution which is newly born could not mean that such Dean cum Director who would be appointed has no qualification to hold the post. As in the light of petitioner falling short of qualifications of 5 years as professor, the court is ineligible to hold the post of the Director of the Institute. Therefore, the petition is lacking in merit of stand the petition has been rejected.
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