KERALA UNIVERSITY Vs. SUNNY

JUDGEMENT

(1.) UNIVERSITY of Kerala has preferred this appeal against the judgment of the learned single judge, rendered in O. P. 10584/1995. At the very threshold the question raised for consideration is hased on the true and correct scope of power of the Syndicate in making appointments to the teaching and non-teaching staff of the UNIVERSITY. Chapter 3 of the Kerala UNIVERSITY first Statutes and R. 3 thereof deals with the provision relating to the appointment of teachers. R. 4 envisage a Selection Committee for appointment of teachers. It reads: " (i) When posts are to be filled up after inviting applications by advertisement, the applications received shall first be screened by a Committee consisting of the Head of the concerned UNIVERSITY Department of study and Research, and Members of the Standing Committee of the Syndicate on staff, Equipments and Buildings. The applications found in order by the said committee shall be referred to a Selection Committee as specified below; (i) The Vice Chancellor who shall be ex-officio Chairman of the Selection Committee, and (ii) (a) For the posts of Professor and Teaching posts of similar status: One Syndicate member to be nominated by the Vice chancellor, three outside experts chosen by the Syndicate and the Dean of the faculty, concerned. xxxxx xxxxx (3) The recommendations of the Selection Committee shall be placed before the Syndicate, which shall make the appointments. (4) Provided that when the syndicate proposes to make the appointment otherwise than in accordance with the above provisions, the syndicate shall record its reasons and submit its proposals for the sanction of the Chancellor".

(2.) S. 23 of the Kerala University Act deals with the powers of the Syndicate: "23. Powers of Syndicate - Subject to the provisions of this Act and the Statutes, the executive powers of the University including the general superintendence and control over the institutions of the University shall be vested in the Syndicate and subject likewise the Syndicate shall have the following powers, namely - xxxxx xxxxx (viii) to appoint teachers and other employees of the university and prescribe their duties". Therefore, the author ] ty to appoint teachers and other employees of the University and to prescribe their duties is vested in the syndicate.

(3.) LIKEWISE, on proper construction of the scope of the provisions of Chapter 3 deals with the appointment of non-teaching staff, we do not find any distinction so as to hold that in the matter relating to the appointment of non-leaching staff the recommendation of the Selection Committee would be binding on the Syndicate, The learned Single Judge proceeded on the footing that recommendation and advice of the selection committee, in respect of the appointment and recruitment of the teaching staff of the University, is not binding on the Syndicate; but in respect of the appointment and recruitment of the non-teaching staff of the University, the recommendation and advice is binding on the Syndicate. With great respect, we do not find any distinction on the reading of the two provisions relating to the appointments of teaching staff and non teaching staff. Of Course, when the Syndicate wants to take a different view in the matter, then it has to record reasons in accordance with sub-r. (4) of R. 4 of Chapter 3, which provides specifically that when the Syndicate proposes to make the appointment otherwise than in accordance with the above provisions contained in Chapter 3 relating to the appointment of the teaching staff of the University, it shall record its reasons and submit its proposal for the sanction of the Chancellor.