The Central Administrative Tribunal has quashed an ENT surgeon’s selection to the All-India Institute of Medical Sciences under the orthopedically handicapped category despite scoring less than the qualifying marks saying such relaxation was not mentioned while inviting applications.
“Rules of the game cannot be changed once the game has started,” it said setting aside the selection of Mohammad Mubashshirul Haq, who had been chosen despite scoring less than the cut-off marks as he is orthopedically handicapped (OPH).
“The respondents [AIIMS] have not notified any relaxed standards of suitability for the OPH candidates vide their notification [inviting applications] or any time thereafter to the knowledge of all competing persons.... The third respondent’s [Dr. Haq’s] selection done not on his merit but only on basis of relaxed standard of suitability adopted behind the back of the applicant is liable to be set aside,” said the Bench, comprising members Ramesh Chandra Panda and Ajay Kumar, while directing AIIMS to pay Rs.5,000 as cost to applicant Dillip Kumar Samal.
While quashing Dr. Haq’s selection, the tribunal directed AIIMS to select Dr. Samal for the post of senior ENT resident if he is otherwise qualified.— PTI