V K CHAKRAVARTY Vs. INDIRA KALA SANGEET VISHWAVIDYALAYA

JUDGEMENT

(1.) THE appellant was working as Principal of Bhatkhande Sangeet Mahavidyalaya, Bilaspur, since 1984. The first respondent (Indira Kala Sangeet Vishwavidyalaya, Khairagarh, District Rajnandgaon) (hereinafter referred to as 'the University') invited applications for the post of Registrar by advertisement dated 20-1-1994. The appellant was one of the applicants for the said post. The Selection Committee interviewed the candidates on 8-7-1994 and submitted a panel of three names-- Dr. V. K. Chakravarty (the petitioner), Dr. Sabhapati Singh (third respondent) and one Dr. P. P. Joshi, to the Karyakarini Samiti (Executive Council) of the University. The Executive Council considered the recommendations of the Selection Committee and by resolution dated 17-7-1994, appointed the third respondent (second name in the panel) as Registrar.

(2.) FEELING aggrieved, the appellant filed W. P. No. 3031/1994 seeking for the following reliefs :- (i) for quashing the resolution dated 17-7-1994 of the Executive Council of the University appointing the third respondent as Registrar; (ii) for a direction to the University to appoint him as the Registrar from the date on which the third respondent was appointed as Registrar; and (iii) for consequential benefits.

(3.) THE appellant contended that as the Selection Committee constituted under Statute 14 had considered the comparative merit of the candidates and prepared a panel of three names, it should be inferred that the panel of names was prepared in the order of merit and therefore the appellant, as the first in the list, ought to have been preferred and appointed as Registrar. Alternatively, the appellant contended that failure to appoint him, by accepting the panel in the order of merit prepared by the Selection Committee, amounted to refusal to accept the recommendations made by the Selection Committee and, consequently, the Executive Council ought to have recorded its reasons therefor and submit the matter to the Kulapati for final orders as required by Clause (iv) of Statute 14, instead of appointing the second named person in the panel of names as the Registrar.