JAYENDRABHAI C PARIKH DR Vs. SARDAR PATEL UNIVERSITY

JUDGEMENT

(1.) The dispute in this petition centres round the selection of a candidate for appointment as Reader in Education in the Sardar Patel University. In order to appreciate the various points urged at the hearing of the petition it is necessary to trace the background.

(2.) Sec. 29 of the Sardar Patel University Act 1955 (hereinafter referred to as the Act) inter alia provides that no person shall be appointed as a Professor or Reader of the University except on the recommendation of a Committee of Selection constituted for the purpose. The Syndicate is empowered under the said section to make the final selection out of the persons if any so recommended. The Syndicate is required to record its reasons if it does not make appointment in accordance with the order of merit arranged by the Committee and also if it does not accept the sole name recommended by the Committee. The Selection Committee is required to be presided over by the Vice Chancellor as ex officio Chairman.

(3.) Ordinance 96 prescribes the qualifications for being eligible for appointment to the post of a Reader. The qualifications are as under: