VINOD KUMAR ANNAD Vs. A D SHARMA

JUDGEMENT

(1.) THE petitioner, a Reader in the department of Economics in the University of Allahabad (hereinafter referred to as the University) challenges the legality of the order dated 20th March, 1986, passed by the Chancellor of the University directing the appointment of Dr. A. D. Sharma (hereinafter referred to as Dr. Sharma) as a professor in Economics.

(2.) A meeting of the Selection Committee was held on 30th July 1985. Besides Dr. D. S. Kushwaha, the Head of the Department, and the Vice Chancellor two experts, namely Dr. Ayodhya Singh and Dr. R. N. Tripathi participated in the meeting. Out of the 16 candidates in all for interview only 10 were present. These persons were interviewed. The Selection Committee by a majority recommended Dr. Sharma alone for appointment. The Head of the Department recorded a note of dissent. "During the discussion after the interview Dr. Ayodhya Singh stated that out of external candidates no. 10 and 13 are good. But if choice is to be made amongst internal candidates Dr. Sharma may be recommended because he is D. Litt. I informed the members that a panel must be drawn. Dr. Sharma got Readership on the strength of his D. Litt. Thereafter he has no work to his credit. He is junior to Dr. V. K. Anand and Shri D. K. Ghose who were appointed in 1977. There is no logic in giving a single name recommendation when equally and better qualified and senior readers are there. The recommendation is therefore violative of statutory provisions and is being forced by majority. Only on August 9, 1984, the Selection Committee did not find Dr. Sharma fit for the post. There is nothing to indicate that he has contributed anything thereafter. I disassociate myself with such a recommendation when even a panel is being refused to be drawn and merit and work for the past few years after Readership (by internal candidates) is being ignored."

(3.) IT appears that on 18th August 1985, the Registrar sent a reply to the Secretary to the Chancellor. However, it appears that the Secretary did not received the reply till 5th October, 1985, as on that date he sent a reminder to the Registrar and asked him (the Registrar) to send his comments latest by 15th October, 1985.