KRISHNADAS Vs. SREE SANKARACHARYA UNIVERSITY OF SANSKRIT

JUDGEMENT

(1.) These Writ Petitions relate to the selection and appointment to the post of Section Officers in the Sree Sankaracharya University of Sanskrit (hereinafter referred to as 'the University'). In O.P.No. 8571/2000, filed immediately after publication of the Notification inviting applications for the post, the petitioner challenges the notification itself as ultra vires the Sree Sankaracharya University of Sanskrit Act and the Statutes made thereunder. In O.P.No. 18462/2000, the petitioners challenge the notification inviting applications as well as the selection and appointment made pursuant to the same after participating in the selection process. In W.P.(C) Nos. 25777, 26486, 28932 and 28933 of 2003, the petitioners challenge the select list and in O.P.No. 12352/2002, two of the selected candidates challenge the inter se seniority allotted to the selected candidates.

(2.) By a notification dated 4.12.1999 (Ext.P1 in O.P.No. 8571/2000), the University invited applications from qualified Assistants/Section Officers working in the Universities of Kerala State to the post of Section Officers in the University. The qualifications stipulated in the notification were, (1) University Degree and (2) minimum of 10 years of service. The notification also prescribed an age limit of not below 35 years as on 1.1.1999. By a corrigendum dated 21.2.2000 (Ext.P3 in O.P.No. 8571/2000), the minimum age limit was deleted. The petitioners in O.P.Nos. 8571 and 18462 of 2000 challenge these notifications as ultra vires the Sree Sankaracharya University of Sanskrit Act, 1994 (hereinafter referred to as 'the Act') and the Sree Sankaracharya University of Sanskrit First Statutes, 1997 (hereinafter referred to as the 'Statutes'), in so far as the qualifications stipulated in Exts.P1 and P3 are not those provided in the statutes. The petitioners in O.P.No. 18462/2000 have further prayers to quash the appointment of the 20 persons selected (who are respondents 5 to 24 in the said Original Petition) and send them back to the Universities where their lien is retained as also to direct the University not to proceed with the direct recruitment to the post of Section Officers until qualification, experience and age are prescribed in the Statutes or Regulations. In O.P.No. 8571/2000, the selection is challenged also on the ground that since the norms for selection were laid down by the Selection Committee which did not have the power to do it, the selection based on such norms is invalid. Allegations of mala fides are also raised particularly on the ground that the age limit was deleted by Ext.P3 only to enable some persons of the choice of the officers of the University to be selected.

(3.) In W.P.(C) Nos. 25777, 26486, 28932 and 28933 of 2003, the petitioners challenge the selection on the ground that after laying down the norms for selection, the Selection Committee deviated from the norms in awarding marks to the candidates and in preparing the rank list of candidates for selection.