Khan, (J)
1. Petitioners are SC & ST candidates for the post of Assistant Professor in All India Institute of Medical Sciences. They challenged exclusion of reservation for appointment to one post of Professor and 125 posts of Assistant Professor for which applications were invited by Institute vide Notification dated 11.9.1999.
2. It transpires that this notification was issued as a sequel to CWP No. 6070/1998 filed by Communist Party of India asking respondents 2 & 3 to fill up the posts of Assistant Professor on regular basis and under the shelter of interim court order dated 15.11.1994 passed by this court in CWP No. 4223/1994 restraining respondents from giving effect to such reservation. Though this notification led to dismissal of CWP No. 6070/1998 by order dated 16.9.1999 but respondents could still not go ahead with the selection process as Union Govt. wanted them to reconsider the issue of application of reservation. As a result the post of Assistant Professor was not filled up and the process remained stuck at the interview stage only.
3. Now that we have held that there was no prohibition or bar for application of reservation rule to specialty/super speciality posts imposed by any Supreme Court judgment while dismissing CWP No. 4223/1994 filed by Faculty Association of AIIMS, respondents 2 and 3 would naturally have to undertake a fresh exercise for regular appointment to the post of Assistant Professor under Rules. As such nothing would survive in this petition which shall stand disposed of in the light of our judgment in CWP No. 4223/1994.
