SC sets aside HC order quashing 2016 advertisement for filling up post of RIMS director

The Supreme Court Friday set aside the Manipur High Court order quashing a Union health ministry advertisement of August 2016 for filling up the post of Director of Imphal's Regional Institute of Medical Sciences (RIMS).

The apex court said the high court order in March 2017 had committed an "error" by going into the validity of rules governing appointment to the post of director in the absence of any challenge raised on the issue in the batch of petitions filed there.

A bench of Justices R Banumathi and R Subhash Reddy noted that the high court had directed the competent authority to consider providing relaxation clause regarding upper age limit for candidates applying for the vacant post.

"We fail to understand as to how such direction can be given by the high court for providing a relaxation which is not notified in the advertisement," the bench said in its verdict.

"While it is open for the employer to notify such criteria for relaxation when sufficient candidates are not available, at the same time nobody can claim such relaxation as a matter of right. The eligibility criteria will be within the domain of the employer and no candidate can seek as a matter of right, to provide relaxation clause," the top court said.

"For the aforesaid reasons, we allow these appeals and set aside the impugned common judgment and order dated March 27, 2017 passed in...by the High Court of Manipur at Imphal," the bench said.

The bench noted that in terms of the interim orders passed earlier by the apex court in the matter, appointment to the post of director RIMS has been made in October 2018 in terms of the August 16, 2016 advertisement issued by the health ministry.

The apex court also noted that the appointment to the post of director has already been challenged in the high court and the same is pending consideration.

In June 2015, an advertisement was issued by the health ministry for filling up the post of director of RIMS, Imphal by direct recruitment and the upper age limit was notified at 50 years, which was relaxable for government servants, RIMS officers and specially qualified candidates. The retirement age was notified at 62 years.

Later, a petition was filed in the high court for quashing the advertisement with a direction to fill up the post of director in accordance with the rules and regulations of RIMS by fixing the upper age limit for eligibility at 60 years.

In April 2016 an office memorandum, notifying the age of superannuation at 65 years, was issued by RIMS with the approval of the health ministry after which the plea pending before the high court was withdrawn.

Then, another advertisement was issued on August 16, 2016 by the health ministry prescribing the upper age limit of 62 years in the eligibility criteria without any relaxation for government servants or RIMS officers.

After fresh advertisement was issued, some petitions were filed in the high court seeking its quashing on certain grounds including that the experience for eligibility was contrary to the criteria prescribed by the Medical Council of India.