Dr. Akshya Kumar Bisoi vs All India Institute Of Medical Sciences

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 of CTVS. 3

4 The Attorney General for India has placed on the record a tabular statement, reflecting the comparative position in the merit list and seniority, in each of the positions to which the petitioners and fourth respondent were appointed or, as the case may be, promoted. For convenience of reference, the statement is reproduced below:

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.

20 The above extract indicates that the gradings allocated by the members of the Selection Committee and the technical experts are to be placed before the Chairman of the Selection Committee and the final selection of the candidates “may be made” on the basis of the gradings/markings of the members of the committee and the technical experts. The expression “may be made” has been approved in place of “will be made” as recorded earlier. 18 21 The judgment of the Delhi High Court in Dr Dilip Kumar Parida v AIIMS (supra) holds that the view of the experts who are co-opted in the selection process is only advisory and that the members of the Standing Selection Committee of AIIMS are not bound by their opinion:

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 21 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.

24 The Writ Petition shall accordingly stand dismissed. There shall be no order as to costs.

….........................................CJI [DIPAK MISRA] ................................................J [A M KHANWILKAR] ................................................J [Dr D Y CHANDRACHUD] New Delhi;

February 06, 2018