Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

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respondent No.1. As is implicit from the order the P.S.C. had to take steps to set up a Committee of
experts to ascertain whether examinations passed by the applicant and the certificates produced satisfy
the requirements of eligibility for appointment to the post of Assistant Professor in Inorganic and
Physical Chemistry. The contention of the learned Counsel for the applicant is that the respondents
did not make any reference to the Experts Committee in terms of the agreement made before this
Tribunal by the parties. Further the Committee of experts was appointed to examine whether the
certificates exhibiting qualifications of the applicant fulfill the required eligibility criteria but on the
contrary, the Committee only went through the language of the advertisement and closed the matter
without application of mind to the issue for which the same was constituted.
6. The respondents have submitted (Ann.R-5) which contains the minutes of the meeting of the
Committee. The Committee was constituted of four persons namely:
1. Prof.D.D.Mishra 2. Prof. S.P.Banarjee
3. Prof.T.C.Sharma 4. Shri Moti Singh, Commissioner
Higher Education (Govt. Nominee)
The Committee has expressed its opinion in the following terms:-
“The Committee has carefully examined all the facts of the case in detail and in its broader
perspective and gone through all the relevant papers pertaining to this specific case
submitted by the candidate and the P.S.C. The Committee is of the unanimous opinion
that looking to the condition of advertisement wherein special branches namely Inorganic,
Physical and Organic Chemistry are mentioned as the basis of requirement for eligibility
for appointment, the case under review fails to fulfill the basic requirement of eligibility.”
The respondent No.1 has enclosed the copy of minutes of another Committee of local Professors
for making reference to the Committee of Experts stated above.
7. The short question which calls for consideration in this case is whether a reference was made
as per the commitment made by the respondent No.1 before this Tribunal in O.A.No.393/92 and
whether the Committee has considered the case of the applicant from the angle suggested in the
reference.
8. On going through the minutes of reference (enclosed with the opinion of the experts), it appears
that the referring Committee did act look to the substance of the agreement/commitment made before
the Tribunal. It only gives a narration of incidents in the back ground and opinion of the local Committee
which examined the eligibility.
Madhya Pradesh PSC