Andhra Pradesh High Court
Judges : CH.S.R.K.PRASAD, S.R.NAYAK
C.Muralikrishna - Appellant
Versus
Telugu University, Hyderabad - Respondent
Decided On : 06-04-02
Writ Appeal – Constitution of India, 1950 – Articles 14, 16 and 226 – Appointment – Eligible to – 1st respondent-University issued notifications on 11-9-1993 and 2-4-1994 calling for applications from eligible candidates for appointment to the posts of Deputy Librarian and Assistant Librarian – Petitioners and 3rd respondent herein applied for the post of Deputy Librarian – 3rd respondent was appointed as Deputy Librarian on 22-3-1996 – Assailing his appointment, the petitioners filed WP No. 11252 of 1996 in the month of May, 1996. In the affidavit filed in support of the writ petition, the petitioners have contended that the 3rd respondent was not eligible for appointment even to the post of Assistant Librarian as he does not possess National Eligibility Test (NET) Certificate, which is a pre-requisite for appointment to the post of Assistant University Librarian/ College Librarian, and that the 3rd respondent also lacks 8 years experience as Assistant University Librarian/college Librarian – Writ petition was opposed by the 1st respondent-University by filing counter-affidavit – In the counter filed by it, the respondent-University has contended that the 3rd respondent was eligible to be appointed for the post of Deputy Librarian and he was selected by a Selection Committee, which consisted of experts and that the 25 years of service of the 3rd respondent as Librarian in NISIET is higher than the experience of Assistant University Librarian/college Librarian – It was also contended that the 1st petitioner was neither qualified for the post of Deputy Librarian nor was a candidate for that post – It was claimed that the 1st petitioner had applied for the post of Lecturer in Library Science only and therefore, he did not have any locus standi to question the appointment of 3rd respondent – As regards petitioners 2 and 3, it is contended that they did not come upto the mark in the selection for the post of Deputy Librarian and, therefore, their candidature were rejected – It is also contended that the Selection Committee consisted of experts and pioneers in the field of Library Science and, therefore, the selection made by them cannot be interfered with by the Court lightly since no mala fide is attributed to the members of the Selection Committee by the petitioners – Learned single Judge, on consideration of the rival contentions of the parties, dismissed the writ petition by the order under appeal – Held, in the result and for the foregoing reasons this court set aside the order of the learned single Judge dated 11-4-1997 and allow WP No. 11252 of 1996 and quash the impugned proceedings No. TU/admn/t-11/96, dated 22-3-1996 and also proceedings No. TU/admn. /t. 17/96, dated 22-3-1996 issued by the 1st respondent University appointing the 3rd respondent insofar as it relates to the appointment of the 3rd respondent to the post of Deputy Librarian – A direction shall issue to the 1st respondent University to consider the candidature of the petitioners-appellants for the post of Deputy Librarian strictly in accordance with law and appoint one of them who is the most meritorious to the post of Deputy Librarian – Writ appeal is allowed.
( 1 ) THE unsuccessful writ petitioners in WP No. 11252 of 1996 have filed this writ appeal assailing the validity of the order of the learned single Judge dated 13-4-1997 made in the said writ petition. The petitioners filed the above writ petition questioning the action of the 1st respondent-Telugu University, in issuing the proceedings No. TU/admn. /ii/96, dated 22-3-1996 appointing the 3rd respondent as Deputy Librarian. The dispute relates to the appointment of the 3rd respondent to the post of Deputy Librarian in the 1st respondent-University. The background facts leading to the filing of this writ appeal be noted briefly as under.
( 2 ) THE 1st respondent-University issued notifications on 11-9-1993 and 2-4-1994 calling for applications from eligible candidates for appointment to the posts of Deputy Librarian and Assistant Librarian. The petitioners and Mr. M. Ramchander, the 3rd respondent herein applied for the post of Deputy Librarian. The 3rd respondent was appointed as Deputy Librarian on 22-3-1996. Assailing his appointment, the petitioners filed WP No. 11252 of 1996 in the month of May, 1996. In the affidavit filed in support of the writ petition, the petitioners have contended that the 3rd respondent is not eligible for appointment even to the post of Assistant Librarian as he does not possess National Eligibility Test (NET) Certificate, which is a pre-requisite for appointment to the post of Assistant University Librarian/ College Librarian, and that the 3rd respondent also lacks 8 years experience as Assistant University Librarian/college Librarian. The writ petition was opposed by the 1st respondent-University by filing counter-affidavit. In the counter filed by it, the respondent-University has contended that the 3rd respondent is eligible to be appointed for the post of Deputy Librarian and he was selected by a Selection Committee, which consisted of experts and that the 25 years of service of the 3rd respondent as Librarian in NISIET is higher than the experience of Assistant University Librarian/college Librarian. It is also contended that the 1st petitioner was neither qualified for the post of Deputy Librarian nor was a candidate for that post. It was claimed that the 1st petitioner had applied for the post of Lecturer in Library Science only and therefore, he did not have any locus standi to question the appointment of 3rd respondent. As regards petitioners 2 and 3, it is contended that they did not come upto the mark in the selection for the post of Deputy Librarian and, therefore, their candidature were rejected. It is also contended that the Selection Committee consisted of experts and pioneers in the field of Library Science and, therefore, the selection made by them cannot be interfered with by the Court lightly since no mala fide is attributed to the members of the Selection Committee by the petitioners. The learned single Judge, on consideration of the rival contentions of the parties, dismissed the writ petition by the order under appeal. What weighed with the learned single Judge in dismissing the writ petition as reflected in the judgment itself is the following:". . . If the members of the committee have had expert qualifications, had wide experience and were holding important responsible posts in the academic field, it would not be in order for this Court to interfere, on the ground of eligibility vis-a-vis the qualifications, with the selection made by such committee. The ground taken before this Court, with regard to qualifications is, therefore, not sustainable. If mala fide exercise of power or any unjust discrimination was alleged, the Court would have ventured to examine the legitimacy of the selection, but in the absence of any such allegation, interference certainly is not warranted. "
( 3 ) SRI J. Sudheer, learned Counsel appearing for the appellants/petitioners, assailing the validity of the order of the learned single Judge impugned in this writ appeal, would, at th
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