IMPORTANT POINT
Courts should not interfere when selection is made by duly constituted Committee of experts.

JUDGMENT :

We have heard learned counsel for the parties.

Civil Appeal No. 843 of 2012:

2. Aggrieved by the judgment and order dated 24.11.2009 passed by the High Court of Judicature at Bombay in Writ Petition No. 5231 of 2008 setting aside the selection of the present appellant to the post of Head of Department of Agronomy of Respondent No.2 - Maharashtra Council of Agricultural Education and Research, the present appeal has been filed.

3. The facts are not much in dispute.

4. In the year 1986, the appellant was appointed as Assistant Professor, College of Agriculture, Dapoli under Dr. Balasaheb Sawant Konkan Krishi Vidyapeeth Dapoli. He was selected and promoted as a Professor of Agronomy in Mahatma Phule Krishi Vidyapeeth, Rahuri on 17.8.2001. For the purpose of appointing a Head of Department of Agronomy, a Selection Committee was constituted in the year 2008. The Committee, considered Statute 41 of the Maharashtra Agricultural Universities Statutes, 1990. The Committee after assessing the merit and other criteria of the appellant vis-a-vis contesting respondent selected the appellant to the post of Head of Department of Agronomy in the University.

5. Respondent No.1 challenged the said decision of the Committee by filing a writ petition being Writ Petition No. 5231 of 2008. Although the High Court noticed the proviso of Statute 41 of the aforesaid Statute, set aside the selection on the grounds noted in para 4 of the impugned order. For better appreciation, para 4 of the impugned order passed by the High Court is quoted herein below :-

“4. Further it is to be seen that after having found that on the basis of service record, both the petitioner and the respondent No.3 are equal and that the respondent No.3 is more meritorious because he had more experience in the post of Professor, the second aspect which requires consideration in view of the provision of sub-rule (5) of Statute 41 was the aspect of seniority. In the seniority list, the petitioner was at serial No.1 whereas the respondent No.3 was at serial No.2. Perusal of the minutes of the Selection Committee shows that the Selection Committee has not at all allowed this consideration to enter in their mind. In our opinion, the submission of the learned counsel that seniority is not relevant when the criteria for promotion is merit cum seniority for carving out zone of consideration is not well founded especially because in the present case so far as the aspect of merit is concerned, on the basis of service record, both the candidates are found to be equal and the respondent No.3 has been found more meritorious only because his experience in the post of Professor, therefore, the next consideration that should have entered in the mind of the Selection Committee was their placement in the seniority list. We do not want to suggest that the Selection Committee could not have selected the respondent No.3 because he was junior to the petitioner. The Selection Committee should have applied its mind to that aspect of the matter and given reasons why though the petitioner is senior according to them, selection of respondent No.3 is necessary. We thus find that in selecting the respondent No.3 for the post of Head of Department of Agronomy, the Selection Committee has ignored or has not taken into consideration relevant aspects which are required to be considered in accordance with law and therefore, in our opinion, the selection and consequent appointment of the respondent No.3 as Head of Department of Agronomy will have to be set aside. In our opinion, following order would meet the ends of justice.”

6. While setting aside the selection of the appellant, a direction was issued to the Maharashtra Council of Agricultural Education and Research to hold a fresh meeting for consideration of the candidates for selection to the post of Head of Department of Agronomy.

7. It has been brought to our notice by the learned counsel appearing for the parties that during the pendency of this appeal,