AJITHA Vs. MAHATMA GANDHI UNIVERSITY

JUDGEMENT

(1.) The Mahatma Gandhi University notified appointment to the post of Lecturer as per Ext. P1 marked in O. P. 5645 of 2001. Selection shall be based on the first statute which prescribes the constitution of the selection committee. The relevant extract of the first statute is produced as Ext. P5. Statute 4(ii)(b) provides as follows:

(2.) Additional respondents are impleaded as per CMP No. 12487 of 2001. It is submitted by the petitioner, in addition to the contentions urged by the University that merely because of an irregular act of the University, any right conferred upon the selected candidate shall not be defeated as they do not have any say in the matter of constitution of the selection committee. Their right shall not be affected thereby. It is further contended that on the basis of the decision reported in State of U.P. v. Manbodhan Lal Srivastava and Manbodhan Lal Srivastava v. State of U.P. ( AIR 1957 SC 912 ) even if a selection process is vitiated for the reason of improper constitution of the committee, the selection shall not be vitiated.

(3.) When the statute provides for the constitution of the selection committee, any committee which is not constituted in terms of the statute cannot be termed as one legally constituted and the selection conducted by such a committee cannot have legal efficacy. This Court in the decision reported in Sree Sankaracharya University of Sanskrit v. State ( 1996 (2) KLT 378 ) held as follows: