NARENDRA NATH SIROTHIA Vs. VICE

JUDGEMENT

(1.) These two writ petitions raise common questions of law and as such are being decided together. Certain posts of Scientists were sanctioned under various All India Co-ordinated Research Projects sponsored by the Indian Council for Agricultural Research, New Delhi, in the Institute of Agricultural Sciences, Banaras Hindu University (hereinafter referred to as the University). Subsequently on the recommendation of the Academic Council of the University the Executive Council of the University created the aforesaid posts in the normal cadre of the University as Professors, Readers and Lecturers with the corresponding scales of pay by redesignating the said posts. Thereafter an advertisement dated 28-12-1983 was issued from the office of the Registrar (Admin.) (Selection Committee Section) of the University inviting applications for the aforesaid posts. Apart from mentioning essential qualifications certain desirable qualifications were also mentioned in the said advertisement. Applications seem to have been made in pursuance of the aforesaid advertisement and ultimately a Selection Committee was constituted which fixed 29-8-1984 and 30-8-1984 for interview of the candidates. Civil Misc. Writ Petition No. 10385 of 1984 was filed by Narendra Nath Sirothia on 24-8-1984 in this Court with the prayer that the advertisement aforesaid may be quashed and the University authorities may be directed not to hold any selection for the posts advertised under the said advertisement. A copy of this advertisement has been filed as Annexure 1 to the writ petition.

(2.) The case of the petitioner in brief is that the Academic Council of the University had by its resolution dated 8-3-1984 made a recommendation to the Executive Council that the qualifications for the aforesaid posts be approved as per norms of the University Grants Commission and that no desirable qualifications need be shown and no experience of working in schemes be asked for and that the Executive Council approved the aforesaid resolution by its resolution dated 20/22-6-1984. According to the petitioner the Deputy Registrar (Acad) of the University conveyed the aforesaid resolution among others to the Director, Institute of Agricultural Sciences and the Dean Faculty of Agriculture, of the University by his letter dated 7-8-1984, a copy whereof is attached as Annexure 2 to the writ petition. According to the petitioner before the qualifications for the aforesaid posts had been determined by the Executive Council as contemplated by Statute 15 of the Statutes of the University it was not open to the Registrar to have issued the impugned advertisement on 28-12-1983. According to him the advertisement was also vitiated because it mentioned desirable qualifications which were specifically prohibited to be mentioned by the aforesaid resolution of the Executive Council.

(3.) Allegations of mala fide have in this connection been made against Dr. Mahatim Singh, Director of the Institute of Agricultural Sciences of the University. Subsequently in view of the fact that allegations of mala fide had been made against him an application was made to implead Dr. Mahatim Singh as a party to the writ petition a supplementary affidavit was filed along with the said application giving details about the plea of mala fide. The allegations of mala fide as stated in the writ petition, in the supplementary affidavit filed in support of the application for impleading Dr. Mahatim Singh as a party and in the rejoinder affidavit in substance are that before the afore said posts were created in the normal cadre of the University as mentioned above Dr. Mahatim Singh had provided temporary jobs in the schemes/projects to his own persons and desirable qualifications were mentioned in the advertisement so as to give weightage to those persons who included his own son Shri Jitendra Pratap Singh and his fathers sisters sons Shri Tarkeshwar Singh and Shri Radhey Shyam Singh.