Case: Dr. Akshya Bisoi &amp; Another Vs. All India Institute of Medical Sciences &amp; Others

1. The jurisdiction of this Court under Article 32 of the Constitution has been invoked by two cardiac surgeons. They are attached as Professors to the Department of Cardio Thoracic and Vascular Surgery (CTVS) at the All India Institute of Medical Sciences. Each of them, as indeed the Fourth respondent in relation to whom they raise a dispute, has an enviable record of service in AIIMS. Disputes in service are not a rarity, even among doctors. The distinguished service of the contesting doctors in the present case renders the task of the adjudicator unenviable. That one of them will rank senior is no reflection of the merit of the others. Life is not always equitable in assigning accolades.2. The relief which the petitioners seek is a writ in the nature of mandamus directing the First respondent to determine their seniority in relation to the Fourth respondent in terms of a binding policy of 1997. They seek a direction that since their selection on 12 September 2005 as Additional Professors, they would rank senior to the Fourth respondent. The petitioners challenge the legality of the office memoranda dated 20 April 2010, 14 July 2017 and 24 August 2017 issued by the First respondent.3. The first petitioner (Dr A K Bisoi), the second petitioner (Dr U K Chowdhury) and the Fourth respondent (Dr Shiv K Choudhary) were appointed by direct recruitment as Assistant Professors on 4 June 2003. On 1 July 2003, they were promoted as Associate Professors. On 23 September 2005, they were appointed by direct recruitment as Additional Professors. On 1 July 2010, they were promoted as Professors, a position which they now occupy. The seniormost will be designated as Head of Department ofabove statement would indicate that the Fourth respondent has consistently been ranked senior to the petitioners as Assistant Professor, Associate Professor, Additional Professor and Professor. The appointment of all the three surgeons as Additional Professors was on 23 September 2005. For well over twelve years, the Fourth respondent has been placed senior to the Petitioners.5. On 25 April 2005, four posts of Additional Professor were advertised in the department of CTVS, which were to be filled up through open selection. The shortlisted candidates were called for interview before a Selection Committee on 12 September 2005. The Selection Committee recorded the minutes of its decision in the following terms:

Reasoning:
12. The above narration indicates that since April 2012, the consistent position which has been maintained by the First respondent is in line with the order of merit which was recommended by the Selection Committee by which the Fourth respondent was placed above the petitioners when they were selected for appointment as Additional Professors.In the present case, the record of the court indicates that while making its recommendations for appointment to the post of Additional Professor, the Selection Committee had borne in mind the performance of the candidates, their records as well as the opinion of the technical experts. The minutes of the meeting of 12 September 2005 indicate that the views of the technical experts were considered. Towhat took place well over twelve years ago would neither be feasible nor appropriate. The policy decision of 1997 indicates that the gradings given by all the members of the Selection Committee and the technical experts are to be placed before the Chairman of the Selection Committee and the final selectionon the basis of the gradings/markings given by the members of the Selection Committee and the technical experts. The Selection Committee which was constituted in 2005 considered the issue of selection and inter se ranking of the selected candidates. In making its final recommendation in regard to their order of merit, upon appointment as Additional Professors, the Selection Committee had due regard to relevant matters including the performance of the candidates, their records and the opinion of the experts. Hence, the ranking which has been assigned cannot be regarded as being in breach of the policy decision of 1997. It would be iniquitous to unsettle the position of seniority, over twelve years after the petitioners and the Fourth respondent were selected as Additional Professors. Even thereafter, when each of them has been promoted as a Professor, it is the Fourth respondent who has been ranked higher than the petitioners.23. For the above reasons, we have come to the conclusion that the grant of relief would unsettle the inter se seniority between the petitioners and the Fourth respondent well over twelve years since the recommendation of the Selection Committee for appointment as Additional Professors. This cannot be done. Some expressions of opinion in favour of the First petitioner in the departmental processes may have engendered a sense of hope. But that cannot furnish a legal ground to unsettle something that has held the field for long years. We close the proceedings with the expectation that these distinguished doctors will pursue their avocations at AIIMS without rancour. Our decision on seniority is no reflection upon their distinguished service to a premier national institution.