Medical Dialogues had earlier narrated the CAT order as the bench of CAT Chairman Justice L Narasimha Reddy and administrative member Aradhana Johri were of the view that the degree of Diplomate of National Board (DNB) held by her was not sufficient and she needed to undergo an additional year of residency in a hospital recognised by the Medical Council of India (MCI).
She had also argued that AIIMS had selected and appointed her to the post after it was satisfied that she had the requisite qualification.
The tribunal had then set aside her appointment and said and she needed to undergo an additional year of residency in a hospital recognised by the Medical Council of India (MCI).
Later through an interim order, the Delhi HC had stayed the CAT order in the case.
In the recent most order of February 2019, the court went through the MCI submissions that had been made to the CAT in the matter and noted
Prima-facie, it appears to us that the stand taken by the MCI, the AIIMS and the private respondents is more weighty considering the fact that it was not specifically pleaded by the petitioner before the Tribunal that her case is covered by clause (ii)(b); and that each of the requirements of the said clause (b) are met in her case. Therefore, it appears to us that the finding returned by the Tribunal may be sound. Since we are not disposing of the petition at this stage, we vacate the interim order passed by this Court on 04.10.2018.
However, the court also note that the doctor in the meanwhile had finished her one year SRship in MCI recognised Institute.
The petitioner has apparently acquired the requisite experience now since she claims that she has acquired experience of four years in terms of clause (iii) aforesaid. It is also submitted on her behalf that there are several vacancies for the post in question at AIIMS – for which the recruitment process has not been undertaken. We are informed that the said vacancies are in the process of being filled. Apparently, the petitioner did not apply in respect of the said vacancies before the cut-off date due to the fact that thisCourt’s interim order was in operation protecting the interest of the petitioner.
In the peculiar facts & circumstances and without forming it a precedent, we permit the petitioner to make her application for the said postand we direct the AIIMS to entertain the petitioner’s application since therecruitment process is still underway and has not yet attained finality. The petitioner shall make her application within the next two days. If so made, the same shall be considered.
The matter has been now listed for 25/09/2019