http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 1  

PETITIONER: MAHARASHTRA PUBLIC SERVICE COMMISSION

       Vs.

RESPONDENT: DR. BHANUMATI PURUSHOTTAM RATHOD & ORS.

DATE OF JUDGMENT:       21/04/1997

BENCH: K. RAMASWAMY, D.P. WADHWA

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Though notice  was served on the contesting respondent, he is not appearing either in person or through counsel.      Leave granted.  We have  heard learned  counsel for the appellant.      The admitted  position is  that for  appointment to the post  of   Deputy  Medical   Superintendent,   qualification prescribed is  of post  graduation in Medicine and 15 years’ experience. Admittedly,  the respondent  did not  possess 15 years’ experience.  He had  only 14  years’ experience.  The Tribunal in  the impugned  order dated  October 24,  1996 in O.A. No.  954/97 has  held that  the condition  of 15  years experience is  vague  and,  therefore,  the  respondent  was wrongly excluded  from the  zone  of  consideration  without calling for  the  interview.  Since  the  selection  without calling for  the interview.  Since the selection had already taken place,  the Tribunal  has granted  exemplary costs and compensation to  the respondent.  We find that the procedure adopted by  the Tribunal is wholly and unwarranted. The only question the  Tribunal was  required to consider was whether the respondent  fulfilled the  qualifications prescribed for the post.  In view  of the  admitted position that 15 years’ experience is  one of  the qualifications  for selection and since  the   respondent  did   not  possess  the  same,  the respondent  was   rightly  not  called  for  interview.  the Tribunal, therefore,  not  justified  in  holding  that  the respondent was  wrongfully excluded  from being  called  for interview for  selection. It  is  not  a  case  of  wrongful rejection, but  of rejection  in accordance  with the rules. Even otherwise  also,  the  Tribunal  could  not  award  any damages as  it is beyond its jurisdiction to grant relief by way of damages.      The appeal  is accordingly allowed and the order of the Tribunal stands set aside. No costs.