KRISHANA NAND Vs. CHANCELLOR GORAKHPUR UNIVERSITY

JUDGEMENT

(1.) THE Petitioner was Reader in Political Science in the University of Gorakhpur. Vacancy arose for the post of an additional Professor in Political Science. The Petitioner was also a candidate. The Selection Committee consisted of the Vice -Chancellor (Chairman), the Head of the Department and three experts nominated by the Chancellor. The Committee met on November 13, 1978. One of the three experts was not present. Out of the three candidates called for interview the Petitioner alone appeared. The Vice -Chancellor and one of the experts, Sri. M.D. Misra recorded:

(2.) THE appointment of the Petitioner as Professor in Political Science was quashed as a result and the selection directed by the Chancellor to be made afresh in accordance with law. Aggrieved against this order of the Chancellor dated July 26, 1979 the Petitioner filed this petition under Article 226 of the Constitution. Sri. Raja Ram Agarwal, learned Counsel for the Petitioner, made two fold submissions before us:

(3.) BEFORE adverting to these contentions, it is proper to refer in brief to the relevant provisions. The Selection Committee for the appointment of teachers is one of the authorities of the University (Section 19 of the U.P. State Universities Act, 1973). Section 31(1) provides that the teachers of the University shall be appointed by the Executive Council on the recommendation of a Selection Committee. The constitution of the Selection Committee for the appointment of a teacher of the University is laid in Sub -section (4)(a). It consists of the Vice -Chancellor who shall be the Chairman thereof; the Head of the Department concerned and in the case of the Professor, as in the present case, three experts nominated by the Chancellor. A recommendation by a Selection Committee is not to be considered valid unless one of the experts has agreed to such selection Sub -section (6). Sub -section (7) prescribes that the majority of the total membership of any Selection Committee shall form the quorum of such Committee. If the Executive Council does not agree with the recommendation made by the Selection Committee with respect to the appointment of a teacher of the University, the Executive Council shall refer the matter to the Chancellor along with the reasons of such disagreement, and his decision shall be final, (Sub -Section 8).