DR. K.J. IVY, SELECTION GRADE LECTURER, DEPARTMENT OF MALAYALAM, MAHARAJAS COLLEGE Vs. STATE OF KERALA, REP. BY CHIEF SECRETARY,

JUDGEMENT

(1.) IN all these cases, appointments made by Sree Sankaracharya University of Sanskrit, Kalady in pursuance of notification dated 5 -9 -1997 are challenged. Writ Appeal No. 477 of 2001 and O.P.No. 5599 of 1998 relate to non -teaching staff and other petitions relate to teaching staff including Readers, Lecturers, Instructors etc. In all these cases, power of the University to make appointments, constitution of the Selection Committee and method of selection are challenged.

(2.) BEFORE going into the details of the case, we may narrate some facts. Sree Sankaracharya University of Sanskrit was established on 25 -11 -1993 by Ordinance No. 11/93 which was replaced by the Sree Sankaracharya University of Sanskrit Act, 1994 (hereinafter referred to as 'the Act'). To begin with, appointments to non -teaching staff were made on daily wages. Thereafter, regular appointments were made to teaching posts by the Vice -Chancellor of the University. The above appointments were challenged. By judgment in O.P.No. 15752 of 1994 those appointments made to the teaching staff were set aside by a learned Single Judge. However, appointments specifically challenged were only set aside. The above decision was affirmed by the Division Bench in Sree Sankaracharya University of Sanskrit v. State, 1996 (2) KLT 378. The Division Bench held that all appointments made by the University are illegal as Selection Committee was not constituted in the manner prescribed by the Statute. It is not disputed that no Statutes were framed in 1994.

(3.) THE powers of the Syndicate are mentioned in Section 14 of the Act. The relevant provisions are as follows: