Whether he can become joinder of party?
Raman
(Querist) 16 February 2012
This query is : Resolved
My brother is allied health professional( Speech Therapist) holding bachelor degree in the stream and his friedn holds PH.D in speech therapy ..recently there was an advertisemnt for the post of Asst professor of Speech Pathology at prestigious Medical Institute in which Ph.D was desirable qualification in Speech Pathology with 3 years experince..But after few months they had change the recruitment rules in which they had made eligibilty of medical candidates( Master degree in surgery) and interview was conducted last week in which 5 medical streams and one ( my brother friend) appered and from the circumstances it apperd that change of recruitment rules was done in order to accomodate one of the candidate from medical stream only.
Now his friend who holds the Ph.D qualification wants to challenge the selection process as change of the recruitment rules were made in very illegal manner( internally ).Since my brother holds the bachelor degree and didnot apper for interview, whether he can become joinder of the party with the aggrieved party before CAT IN the interest of speech therapy profession.
OR only the aggrieved party (My Bother friend who holds PH.D) could only filed the petition against the medical Institute??
ajay sethi
(Expert) 16 February 2012
if rules have been changed arbitrarily then your brother friend can challenge the decision .
your brother did not in response to advertisments placed make an application nor did he appear for interview . brother cannot challnge the decision
valentine thakkar
(Expert) 18 February 2012
Even a stranger can be a witness. However, you have to incorporate his name in the plaint/complaint cleverly.
Sudhir Kumar, Advocate
(Expert) 24 March 2012
In CAT the witnesses are not produced though court has power to do so.
It is only material documentary evidence which is there. If recruitment rules were changes then these shall apply to the post falling vaccant after such change and not on the ongoing procedure.
