NOEL C T H NORONHA Vs. GOA UNIVERSITY

JUDGEMENT

(1.) THE challenge in this petition is to the illegal and arbitrary selection of the respondent No. 5 to the post of Finance Officer of the respondent No. 1 Goa University by the respondents No. 1 to 4 and his subsequent appointment to the post pursuant to the interview held for that purpose by the Selection Committee on 26th October, 1993.

(2.) THE case of the petitioner is that the post of Finance Officer is provided in the Goa University Act, 1984 and section 46. 3 of the Goa University Statutes prescribes the manner of its appointment. According to that Statute 46. 3 the Finance Officer shall be appointed by the Visitor on the recommendation by the Selection Committee and the qualifications and the experience required are that the candidate should hold at least High Second Class Degree in Commerce and that he should have experience of at least ten years of work relating to budgeting, accounting or other financial matters in responsible position in a Government Department or Educational Institution or a private organizations of repute. It is further provided that the Visitor may relax the conditions regarding experience and qualifications in deserving cases on the recommendation of the Vice Chancellor. The pay scale of Finance Officer is fixed at Rs. 3700-5700. It was further the case of the petitioner that in February, 1987 when he was the Deputy Director of Accounts of the Government of Goa the petitioner was appointed on deputation to the said post of Finance Officer of the University. After about two and a half years he returned to his parent Department during which period he was promoted as Joint Director. In June 1993 the Under Secretary Finance (Exp.) issued a Circular dated 23rd June, 1993 to all the Joint Directors of Accounts of the Government informing them of the availability of the post of Finance Officer at the Goa University and calling upon them to intimate their willingness to go on deputation for the said post. The Circular was accompanied by two Annexures, one setting out the necessary qualifications, experience and the minimum pay scale the applicant should have in his present post to be eligible to apply and the second regarding certain details of bio-data to be filled in. By his communication dated 28th June, 1993 the petitioner conveyed to the Goa Government his willingness to go on deputation to the said post and the Goa Government forwarded the petitioners willingness to the Goa University. On 26th October, 1993 the petitioner was called to appear before the Selection Committee for interview and on that day he found that besides himself there was one more candidate for the interview who is respondent No. 5, a Senior Auditor from the Central Governments Resident Audit Office, Panaji. The petitioner states that respondent No. 5 is not eligible for the post as he has neither experience nor is he having the minimum pay scale required to apply for the post. The pay scale required to apply for the post is that the applicant should hold a post in the same or equivalent pay scale of the Finance Officer or hold a post having a pay scale immediate next below the Finance Officers pay scale. The petitioner states that the pay scale of respondent No. 5 is Rs. 2200-4000 which is neither the same or equivalent or even immediate next below scale. Respondent No. 5 has no experience whatsoever in budgeting, accounting or other financial matters of responsible position in any Government Department or Educational Institution or private organisation of repute, which is required for the post. The respondent No. 5 has only been doing the work of audit. The petitioner states that he has all the necessary experience and holds the post having immediate scale of pay. Besides he has held the post of Finance Officer on deputation between February 1987 and September 1990 and he has that experience also. The petitioner has reliably learnt that inspite of respondent No. 5 not having the necessary experience and not holding the post having the required immediate pay scale has been recommended to the post by the Selection Committee and the proposal was sent to his parent department requesting his services. It was further stated that Statute 46. 3 permits relaxation of experience and qualifications only in deserving cases but respondent No. 5, however, could not have been selected by the Selection Committee or recommended for relaxation when the petitioner was there having the necessary experience and holding a post having the required pay scale. It was contended that the question of relaxation comes only when there is no candidate available having the necessary experience and qualification. Thus, the selection of respondent No. 5 is dehors the eligibility requirement for the said post. Accordingly a prayer was made by the petitioner that under Article 226 of the Constitution this Court should issue a writ of certiorari or any appropriate writ or direction quashing and setting aside the selection. A further prayer is made that by a writ of mandamus or any appropriate writ or order the respondents may be directed to select and appoint the petitioner for the post of Finance Officer of the Goa University.

(3.) ON behalf of the respondent No. 1 an affidavit was filed by the Assistant Registrar of the Goa University wherein it was stated that the Selection Committee in a meeting held on 26th October, 1993 after going through the bio-data and the personal files of the confidential reports of the petitioner as well as of respondent No. 5 and after interviewing both of them, taking into consideration their experience and knowledge in the field, on its considered assessment recommended appointment of respondent No. 5 to the post. It was contended that while the name of the petitioner was sent by the State Government that of the respondent No. 5 was sent by the Principal Account General (Audit) Maharashtra at the instance of the Controller and Auditor General of India. The bio-data of the respondent No. 5 disclosed that he is holder of B. A. and B. Com. Degree and had joined service of the Senior Deputy Accountant General at Nagpur as Auditor in December, 1959. He was on deputation to Goa in the Directorate of Accounts from 1963 to 1968. On passing S. A. S. examination he was promoted as Section Officer in 1970 and then as Audit Officer in the scale of Rs. 2375-3500 in November, 1993 and further as Senior Audit Officer in the scale of Rs. 2200-4000 in April, 1987. He has therefore experience in Accountancy and Audit. As far as pay scale it was stated that the scale of pay for the post of Finance Officer of the Goa University is Rs. 3700-5700 and the immediate next below scale to that of Finance Officer is that of Assistant Registrar (Finance) in the Goa University and the same is Rs. 2200-4000. The respondent No. 5 has a scale of Rs. 2200-4000 also and being so he has the necessary experience and was drawing the immediate pay scale required to apply for the post. It was further stated that when the two candidates, the petitioner and respondent No. 5, appeared before the Selection Committee it was found that both of them had more than 10 years experience as laid down under the Rules but neither of them had High Second Class Degree at graduation level in Commerce. The Committee however considering their long experience in the field and on a total assessment recommended respondent No. 5 for the said post. The Vice Chancellor thereupon recommended the relaxation of prescribed qualifications and accepting the said recommendation the Visitor relaxed the said required qualifications in case of respondent No. 5. It was further stated that the records disclose that respondent No. 5 has experience and knowledge of accounts and auditing in various Government Departments. It was stated that budgeting is preparation of statement of estimated receipts and expenditure. It is planning for co-ordination of resources and expenditures. "accounting" is preparation of record of pecuniary transactions. "accountants" are persons skilled in keeping books of accounts and designing and controlling the system of accounts. "auditing" involves inspection and verification of records regarding accounts. This exercise necessarily requires the knowledge and experience in accounting, budgeting and other financial matters. Thus the experience to the credit of respondent No. 5 of the post which he was holding prior to joining Goa University discloses his sufficient knowledge in the matter of accounting, budgeting and other financial matters.