RANJITH Vs. KANNUR UNIVERSITY

JUDGEMENT

(1.) The petitioners were candidates for appointment to the post of Assistants, notified by the University. They have participated in the selection also. The appointments of contesting respondents are challenged in this writ petition, on the plea that the selection committee constituted is not the properly constituted one in terms of the statute. Instead of the Vice Chancellor, the Pro Vice Chancellor was the Chairman of the committee. Heard learned counsel for the petitioner Shri George Poonthottam, learned Standing Counsel for the University Shri M. Saseendran, and learned counsel Shri P.C. Sasidharan, P.U. Shailajan, Shri K.T. Shyamkumar, Shri Benoy K. Kadavan, Shri R. Sudhish and Shri P. Ramachandran, appearing for the contesting party respondents.

(2.) Learned counsel for the petitioner submitted that under Section 25 (viii) of the Kannur University Act, the power to appoint teachers and other employees of the University is vested in the Syndicate. Statute 8 of Part II of Chapter IV of the Kannur University First Statutes, 1998 provides that recruitment shall be made on the basis of recommendation made by a selection committee consisting of Vice Chancellor as the Chairman. It is pointed out that when the statutory selection committee will have to conduct the selection, the power of the Vice Chancellor cannot be delegated to the Pro Vice Chancellor. Ext.P1 is the copy of the notification. Ext.P2 is a notification where the Chancellor of the University has accepted the proposal for delegation of certain powers to the Pro Vice Chancellor. Ext.P4 is the notification constituting the selection committee wherein the Pro Vice Chancellor is the Chairman.

(3.) Shri George Poonthottam, learned counsel for the petitioner submitted, by relying upon the decision of a Division Bench of this Court in Sharafudeen v. Registrar, University of Kerala,1997 1 KerLT 257, that the delegation attempted herein is without any jurisdiction and therefore the entire selection procedure will have to go and has to be declared invalid. It is pointed out that when the statute provides for a particular method for doing things, the said method alone can be resorted to. Herein, Statute 8 provides for constitution of the selection committee. The same cannot be varied by delegating the powers of the Vice Chancellor, to the Pro Vice Chancellor.