SNEHALATA PRABHAKAR Vs. STATE OF U P

JUDGEMENT

(1.) We have heard Shri R.N. Singh, Senior Advocate assisted by Shri G.K. Singh for the Petitioner. Learned Standing Counsel appears for the State Respondents. Shri Neeraj Tripathi appears for Chancellor of Mahatma Gandhi Kashi Vidyapeeth, Varanasi. Shri Ajit Kumar Singh appears for the University.

(2.) The Petitioner has prayed setting aside the order dated 23/28th December, 2010 passed by the Chancellor, Mahatma Gandhi Kashi Vidyapeeth, Varanasi, in so far as he has accepted the disagreement of the Executive Council of the University to the selection of the Petitioner as Lecturer (Sangeet-'Sitar') in the Department of Fine Arts of the University.

(3.) In the present case there was no complaint against the Petitioner's selection, either with regard to the availability of post; qualification and eligibility of the Petitioner or the constitution and quorum of the selection committee nor there was no complaint with regard to the shortage of the number of experts. The Executive Council had accepted the recommendations of the selection committee and had only deferred the process of issuance of the appointment letter on account of pendency of the vigilance enquiry into some allegations against the then Vice Chancellor, who completed his term on 31.12.2007. It is alleged that the rejection of recommendation of the selection committee was not based on any other material and was thus wholly unjustified and arbitrary. The Chancellor did not apply his mind to the fact that the Executive Council had in fact accepted the recommendation, and that there was no ground of disagreement to refer the matter to the Chancellor, except the possible delay of more than four months from the date when the selection committee had made the recommendation and the consideration of the Executive Council on 22.5.2009.