New Delhi: The Central Administrative
Tribunal (CAT) has set aside the appointment of Dr Anand Kumar
who was the professor of the Department of Reproductive
Biology in AIIMS, and gave the institute three months time to
make a new selection for the post.
"Selection and appointment of Kumar on the post of
professor in the department of reproductive biology is quashed
holding that he was not even eligible to apply for the post,"
the CAT comprising Chairman V K Bali and Vice-Chairman L K
Joshi said.
The tribunal passed the order on a plea of Dr N N
Sarkar, the associate professor of AIIMS , challenging Kumar's
appointment as the professor of the department on the ground
that he did not have the requisite qualification for the post.
The premier medical institute had advertised for the
post in the year 2000 in which it was mentioned that a
candidate of medical stream must have MD or MS degree in the
field of reproductive biology.
Challenging his appointment, Sarkar pleaded that Kumar
did not fulfil the eligibility as he held MD degree in
Physiology and not in reproductive biology.
Kumar, however, contested the allegations, saying that
there was no institute in India which was offering MD and MS
in reproductive biology upto 1990, the qualification required
for the post.
Not satisfied by his argument, the tribunal set aside
his appointment and asked the Institute to appoint a new
person for the post.
"It is well settled proposition of law that no
selection can be made of a candidate who does not answer the
qualifications as prescribed either in the recruitment rules
or the advertisement," the tribunal said.
"We order that the AIIMS advertised the post afresh
immediately ... and make fresh selection for the post of
professor in the department as expeditiously as possible and
preferably within a period of three months," the CAT said.
Kumar was appointed as professor of the department by
AIIMS on February 21, 2000.
Bureau Report