Dr. Duryodhan Sahu And Ors. VS. Jitendra Kumar Mishra And Ors.

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Dr. Duryodhan Sahu And Ors. VS. Jitendra Kumar Mishra And Ors.

PETITIONER: DR. DURYODHAN SAHU AND ORS.

Vs.

RESPONDENT: JITENDRA KUMAR MISHRA AND ORS.

DATE OF JUDGMENT: 25/08/1998

BENCH: S.C.AGARWAL, S. SAGHIR AHMAD, M SRINIVASAN.

ACT: JUDGMENT: J U D G E M E N T

SRINIVASAN. J.

Leave granted.

2.- Two questions have arisen for decision (1) whether an Administrative Tribunal constituted under Administrative Tribunals Act, 1985 (hereinafter referred to as the 'Act') can entertain a public interest litigation and (ii) whether on the facts of this case the Tribunal has exceed its jurisdication in passing the impugned order?

3.- The facts are as follows: The petitioner in S.L.P. 10472-10474/95 hereinafter referred to as the petitioner, a qualified surgeon with M.S.

Degree in General Surgery and been working in the Department of Gastroenterology of S.C.B. Medical Collage, Cuttack as an Assistant Surgeon from 17.09.1987. Earlier he worked as lecturer in General Surgery from 11.06.84 to 17.09.86. From 17.09.87, he was assisting the professor and Head of the Department of Surgical gastroenterology for about five years during which period he had acquired 'Special training/experience' in the said subject.

4.- The Orissa Public Service Commission caused advertisement No. 27 of 1991/92 inviting applications for the post of Junior Teacher (Lecturer) in several discipline...

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