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EXPRESS NEWS SERVICE
CHANDIGARH, Sept 16: Directing the completion of the process for selecting 105 assistant professors in the Post Graduate Institute of Medical Education and Research here by November 30, a division bench of the Punjab and Haryana High Court today further directed the filling up of the posts by December 15.
Pronouncing the orders in the open court, the division bench, comprising Justice Jawahar Lal Gupta and Justice V.M. Jain, further directed that the candidates "have to submit their applications by September 30".
The bench also directed that "all the applications for posts of the assistant professors shall be scrutinised within two weeks after the last date for receipt. The selection committees shall be constituted forthwith".
The bench added: "The process of selection shall be completed by November 30, 1999. The Governing Body shall not be permitted to impede the process of selection and appointment by adopting any dilatory method. Thereafter, further action in accordance with law shall be taken. The posts should be filled up by December 15, 1999".
The Bench also held that the "ad hoc appointees have no right to claim regularisation of their services. They will, however, be entitled to be considered for appointment if they apply for the posts. Their claim shall be considered in accordance with the criteria that may be laid down by the competent authority. Of course, experience is always one of the considerations".
Regarding the petitioners blaming the Institute for deliberately delaying the selection, the bench held: "....it would not be fair to blame the Institute for its failure to make the selection till April 17, 1998. It was only on this date that the Constitution Bench of the Supreme Court had decided the review petition (PGIMER vs Faculty Association and others) and authoritatively held that `there cannot be any reservation in a single cadre post....'".
The Bench further held: "However, after April 1998, the matter appears to have been unnecessarily dragged for more than a year. The decision of the Supreme Court was clear. The respondents had no choice but to implement it. Yet, the matter was repeatedly tossed from one end to the other".
In their 13-page order, the Bench observed: "In our view, the PGI is an institute of national importance. It is under an obligation to provide facilities of the highest order. It has to train personnel in different specialities and super specialities so as to provide teachers for medical colleges in the country".
The Bench further observed: "It can not compromise on merit. It must select and fill up all the faculty positions by open advertisement, and after considering the claims of all eligible candidates, only the best and none else should be appointed. Any method, including regularisation, which would result in diluting merit has to be avoided".
Earlier, the Faculty Association of the Post Graduate Institute of Medical Education and Research along with 28 ad hoc assistant professors, in their petition, had complained that 105 posts had remained unfilled at the Institute "since the past number of years due to the inaction of the respondents...."
They had further alleged that against the available, "only 40 assistant professors had been appointed.... on ad hoc basis".
Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.
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