1972 (10) TMI 128 - SC - Indian Laws

Summary

Issues Involved:
1. Legality of the appointment of junior officers as lecturers.
2. Eligibility and seniority of the appellant, Dr. Saran.
3. Adherence to the principles and criteria for appointment by the State Government.
4. Consideration of teaching experience and qualifications.
5. Right to mandamus based on statutory duty and legal right.

Detailed Analysis:

1. Legality of the appointment of junior officers as lecturers:
Dr. Saran contested the appointment of respondents 5 and 6, Dr. Mahendra Pratap Sinha and Dr. Hari Narain Verma, as lecturers in Surgery at Rajendra Medical College, Ranchi, arguing that they were junior to him and lacked the necessary teaching qualifications. He sought a mandamus to set aside their appointments. The High Court dismissed his petitions, and the Supreme Court upheld this dismissal, finding that the appointments were made in accordance with the State Government's judgment and practice.

2. Eligibility and seniority of the appellant, Dr. Saran:
Dr. Saran was appointed as a Civil Assistant Surgeon in 1954 and confirmed in 1957, later becoming a Tutor in Surgery in 1962. Respondent No. 5, Dr. Sinha, joined the service in 1956 and was confirmed in 1961, while Respondent No. 6, Dr. Verma, was initially appointed as an Anti Malaria Officer in 1953 and absorbed into the State Medical Service in 1957. The Government's order treated Dr. Verma as appointed in 1953, making him senior to Dr. Saran and Dr. Sinha. The Supreme Court found that Dr. Verma could not be regarded as junior to Dr. Saran due to his earlier appointment date.

3. Adherence to the principles and criteria for appointment by the State Government:
The State Government argued that there were no statutory rules governing the appointments, and it selected candidates based on merit and experience. The Government's detailed affidavit clarified that it considered academic qualifications and teaching experience in accordance with the Indian Medical Council's recommendations. The Supreme Court concluded that the State Government acted within its judgment and followed appropriate factors for the appointments.

4. Consideration of teaching experience and qualifications:
The Supreme Court examined the teaching experience of respondents 5 and 6. Respondent No. 5, Dr. Sinha, was recognized as having teaching experience as a Casualty Officer, while Respondent No. 6, Dr. Verma, was permitted to count his service from 1959 towards teaching experience. Both respondents had the necessary academic qualifications and teaching experience, making them eligible for appointment as lecturers. Dr. Saran, on the other hand, had less than the required three years of teaching experience when the decision was made on March 31, 1965.

5. Right to mandamus based on statutory duty and legal right:
The Supreme Court referenced the case of Dr. Rai Shivendra Bahadur v. The Governing Body of the Nalanda College, stating that for a mandamus to issue, there must be a statutory duty and a legal right to enforce. The Court found that Dr. Saran was not eligible for appointment at the time the decision was made, and therefore, he had no right to question the appointments or seek a mandamus.

Conclusion:
The Supreme Court dismissed the appeals, concluding that the appointments of respondents 5 and 6 were valid, and Dr. Saran was not eligible for the post at the time the decision was taken. The Court held that Dr. Saran could not be regarded as aggrieved and thus had no basis for the relief claimed. The appeals were dismissed with no order as to costs.