SHYAM LAL MATHUR Vs. UNIVERSITY OF UDAIPUR

JUDGEMENT

(1.) IN this writ petition filed under Article 226 of the Constitution of India, the petitioner, Dr. Shyam Lal Mathur, has challenged the validity of the selection of Shri Vijay Singh Kulhari respondent No 2 and Dr. Orkar Singh Rathore, respondent No 3 for appointment on the post of Reader in the Dopartment of Extension Education in the Rajasthan College of Agriculture, Udaipur and their appointment on the said post. The petitioner in the writ petition has challenged the selection of D R C. Mehta, respondent No. 4, for appointment on the post of Professor in Extension Education and his appointment on the said post.

(2.) THE facts, briefly stated, are, as under: The University of Udaipur (hereinafter referred to as 'the University'), has been constituted under the provisions of the Udaipur University Act, 1962. The Department of Extension Education is one of the Departments in the College of Agriculture of the University The petitioner joined the University in the year 1962 as Demonstrator in the Department of Extensation Education, On 15th January, 1963 the petitioner was appointed as Lecturer in the said Department. In the year 1973 there occurred one vacancy on the post of Professor and one vacancy on the post of Reader in the Department of Extension Educaiion. By advertise. ment dated 12th April, 1973 the Registrar of the University invited applications for the aforesaid posts of Professor and Reader in the Department of Extension Education of the University. In response to the aforesaid advertisement the petitioner submitted his application for both the posts, Respondent No, 4 had applied for the pos of Professor, and respondents No. 2 and 3 and applied for the post of Reader. For the purpose of making selection for the post of Professor a Selection Committee consisting of Dr. P S Lamba, the Vice Chancellor of the University, Dr. R M Singh Associated Dean and two experts, viz Dr. S K. Sharma and Dr. O P. Daharma was constituted. The Selection Commitee was to interview all the applicants for the post of Professor. On 16th July 1973, Dr O P Dharma could no be present to attend the meeting and to meet the said exigency the Vice Chancellor appointed Dr. S K. Sharma, Assistant Director General, Indian Council of Agriculture Research as an expert member of the Selection Committee. The said Selection Committee selected respondent No. 4 for the post of Professor. For the purpose of making selection far the cost of Reader a Selection Committee consisting of Shri P.S. Lamba, the Vice Chancellor of University, Dr. N. Prasad, Dean, College of Agriculture, Dr P N (sic)Jha, Head of the Department of Extension Education and two experts, viz, Dr. K. N Singh and Dr. O P. Dahama, was constituted. The said selection committee met for the purpose of interviewing of the candidates on 17 July, 1973 Dr. N. Prasad, who was the member of the said Selection Committee, could not participate in the deliberations of the Sclection Committee. The Selection Committee, (sic)afser interviewing the candidates, selected respondents No. 2 and 3 for two posts of the Reader in the Department of Extension Education. Being aggrieved by the aforesaid selection of respondent No 4 for the post of Professor and the selection of respondents No 2 and 3 for the posts of Reader, the petitioner has filed this writ petition wherein he has challenged the aforesaid selections made by the two Selection Committees and orders of appointment of respondent No 4 and respondent No. 2 and 3, on the posts of Professor and Readers respectively on the basis of the aforesaid selections.

(3.) IN the reply that has been filed to the writ petition on behalf of the University it is admitted that the name of Dr. S. K. Sharma did not appear on the panel of experts approved by the Academic Council but it is stated that the Academic Council, in its resolution No 88 dated May 4/5/1973, had authorised the Vice Chancellor to add to the existing panels, names of Professors or persons of equal status or above from any Indian University/ Institution deemed to be University/and Institutions of Research set up by the Indian Council of Agricultural Research and the Council of Scientific and Industrial Research, and directed that the names added shall form part of existing panels In the said reply it is stated that as Dr. O P. Dahama who was member of the Selection Committee, could not present himself to attend the proceedings of the Selection Committee on 16th July, 1973, and the Vice -Chancellor, to meet the exigency invited Dr. S.K Sharma, Assistant Director General (National Administration), Indian Council of Agricultural Research, New Delhi, who was fully competent to discharge, the functions of an Expert and who was at that time available at Udaipur, to attend the meeting of the Selection Committee held on 16th, July, 1973 As regard the presence of Dr. D.K Mishra it is stated in the said reply that he was not a member of the Selection Committees and that he did not interview the candidates and he did not take part in the deliberations of the Selection Committees. In the said reply it is also stated that in advertisement dated April 24, 1973 a note had been appended that the number of posts may be increased or decreased, and that, there was nothing illegal in selecting two persons for the posts of Reader. In the reply afore said the University has also raised objection that the petitioner, having not appeared at the interview for the post of Professor though he was called for the same, could not challenge the selection of respondent No 4 for the said post.