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Setting aside the appointment of Dr Alka Sehgal, professor at Government Medical College and Hospital, Sector 32 (GMCH-32), the Central Administrative Tribunal (CAT) said the doctor cannot be appointed to the post as she had failed to meet the eligibility criteria.
Pronouncing the order on Thursday, the tribunal held, “We conclude the matter by holding that the selection and further appointment of Dr Alka as Professor (Obstetrics & Gynaecology) by the UPSC on the basis of advertisement to be set aside as the selected candidate did not fulfil the eligibility criteria for the said post.”
The orders were passed on an application filed by Dr Poonam Goel, 47, Reader, Department of Obstetrics and Gynaecology, GMCH-32, challenging the appointment of Sehgal. Dr Goel had challenged the appointment in another application on the ground that Dr Sehgal was not qualified for consideration as she did not have the required expertise.
The tribunal added, “In the present case, there was no outsider candidate and hence, the provision regarding deemed promotion appears to have been misapplied by the Chandigarh Administration as well as the UPSC. The persons to be considered for appointment on promotion when there were no outsider eligible candidates who applied in response to the advertisement issued by UPSC were required to possess the educational and other qualifications prescribed for direct recruits. As per the qualifications required, the candidate must have four years as Reader/Associate Professors in a recognised medical college. Dr Alka did not possess the requisite experience on the last date for filing application for the post of Professor (Obstetrics & Gynaecology).”
Meanwhile, turning down the claim of Dr Goel seeking appointment, the tribunal held, “So far as the claim of the applicant in the application to promote her to the post of Professor (Obstetrics & Gynaecology), GMCH is concerned, it is seen that the UPSC recommended only one person i.e. Dr Alka Sehgal for selection and there was no waiting list, hence, the claim of the applicant for appointment to the post in view of the ineligibility of respondent (Dr Alka) cannot be considered.”