BHAGWATI PRASAD KAMBOJ Vs. VICE CHANCELLOR AGRA UNIVERSITY

JUDGEMENT

(1.) THIS special appeal is directed against the judgment of a learned single Judge dismissing a writ petition. The writ petition challenged an order of the Vice-Chancellor, Agra University, approving the recommendation of the selection committee for the appointment of respondent No. 4, Sri Gopal Madhukar Chaturvedi, to the post of Reader (Head) of the Agra College, Agra.

(2.) IT appears that Sri R.P. Shukla was the Reader (Head) of the Department of Drawing and Painting in the College. He died on September 30, 1972. The Managing Committee of the College ap pears to have appointed the petitioner Sri R.P. Kamboj to officiate on the post of Reader (Head) pending a regular appointment. The Managing Committee of the College advertised the post of Reader (Head) on May 23, 1973, in response to which about five candidates, including the petitioner and respondent No. 4, applied. The Selec tion Committee interviewed the candidates on November 12, 1973, and recommended Sri Chaturvedi, respondent No. 4, for appointment and placed him at serial No. 1. The petitioner was placed at serial No. 2 of the list.

(3.) THE Managing Committee sent the matter to the Vice-Chancel lor for decision. The Vice-Chancellor by his order dated February 19, 1974, repelled the representation of the Managing Committee and upheld the recommendation of the Selection Committee and decid ed that Sri Chaturvedi be appointed. The Vice-Chancellor held that in regard to the comparative merits of the candidates the opinion of the experts who were in the Selection Committee is to be preferred to the view of the Managing Committee. He observed that in regard to Sri Chaturvedi it has been stated that he was not qualified. The Vice-Chancellor referred to certain Government orders and held that in view of paragraph (13?) of the Government order dated June 14, 1968, Sri Chaturvedi was duly qualified.