M S UNIVERSITY Vs. VELJIBHAI D MOCHI

JUDGEMENT

(1.) The present petition is filed by Maharaja Sayajirao University, Vadodara (hereinafter referred to as "the University") under Articles 226 and 227 of the Constitution of India challenging the judgement and order dated 12.7.1999 passed by the Gujarat Universities Services Tribunal at Ahmedabad (hereinafter referred to as "the Tribunal") in Application No.3 of 1999, whereby the Tribunal held that the decision of the Syndicate of the University of not accepting recommendations made by the Selection Committee vide item no.18 in its meeting dated 26.11.1998 is wrong, unlawful and otherwise unjustified. The Tribunal has set aside the same. The Tribunal further observed that,

(2.) The University challenged the aforesaid order/ judgement of the Tribunal on the ground that the Tribunal had no jurisdiction to entertain the matters relating to process of appointment/ selection as unless and until actual appointment is made, no question relating to prejudice of service conditions would arise. It was also contended that in view of the provisions of section 8 of the Gujarat Universities Services Tribunal Act, 1983 (hereinafter referred to as "the Act") only those disputes between the University and University employees, which are connected with the conditions of service of the university employees can be decided by the Tribunal. It was also contended that the judgement and order of the Tribunal was not within the jurisdiction, conferred upon the Tribunal by the Statute.

(3.) Learned advocate appearing for the petitioner University submitted the following facts: An advertisement was given inviting applications for various posts including the post of Deputy Registrar (one post: scheduled tribe and one post: general). The present dispute is about open category post of the Deputy Registrar. The respondent who was serving at the relevant point of time as an Office Superintendent with the University had also applied for the post of Deputy Registrar. It was also pointed out that the respondent belongs to scheduled caste. It was also submitted by learned advocate for the University that the appointing authority for the aforesaid post in view of the provisions of section 24 of the Act is Syndicate. However, for the purpose of carrying out the selection process, a committee is constituted which after due selection process sends its recommendations. In the present case, the selection committee recommended the name of the respondent for the post of Deputy Registrar (open category). The recommendations made by the Selection Committee qua the respondent were put on the agenda at serial no.18 before the Syndicate in its meeting dated 26.11.1998. The Minutes of the aforesaid meeting are at Annexure 'C' to the petition and for ready perusal item no.18 of the agenda and Resolution passed therein is produced in para 4 (iii), which is reproduced hereunder fore ready reference: