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.
