The main legal point established in the judgment is that appointments to academic positions should be made by a duly constituted selection committee, and third parties such as the National Commission for Scheduled Castes and Three Member Committees do not have the authority to direct appointments.

JUDGMENT :

(D.V.S.S. Somayajulu, J.)

1. With the consent of both the learned counsel, these Writ Appeals are taken up for hearing together.

2. W.A.No.324 of 2020 is filed against the order of the learned Single Judge passed in W.P.No.8607 of 2020, dated 12.05.2020, whereas W.A.No.101 of 2020 is filed against the order of the learned Single Judge passed in W.P.No.30908 of 2017, dated 21.10.2019. Both these appeals relate to the appointment of an incumbent to the post of Assistant Registrar in the 3rd respondent-Vikramasimhapuri University.

3. This Courthas heard Sri Kasa Jaganmohan Reddy, learned counsel representing the appellant University in W.A.No.324 of 2020; Sri J. UgraNarasimha, learned counsel for the appellant in W.A.No.101 of 2020, Sri J. Sudheer, learned counsel appearing for the 1st respondent and Sri M.Chinnappa Reddy, learned standing counsel appearing for the University.

4. Sri Kasa Jaganmohan Reddy, learned counsel submits that the issue involved in this case is about for the appointment of the writ petitioner-1st respondent (W.A.No.324 of 2020) in Vikramasimhapuri University to the post of Assistant Registrar. He points out that she had applied for selection and her case was negatived as she was not found suitable. Thereafter, she made a representation to the National Commission for Scheduled Castes (hereinafter called as “S.C.Commission”) which went into the matter and directed that the petitioner’s case should be considered for appointment. He argues that this was beyond the power of the S.C.Commission. It is also pointed out that after the direction of the S.C.Commission was given, a three Member Committee was appointed to look into the case. According to Sri K.Jaganmohan Reddy the said Three Member Commission was also exceeded their jurisdiction and directed them that the writ petitioner should be taken into service. He points out that neither the S.C. Commission nor the three member committee has the jurisdiction nor authority to direct the appointment. It is also pointed out that appointments can only be made by a duly constituted selection committee and not by the third parties. Despite this legal position, learned counsel submits that the learned single Judge passed a series of orders without even given an opportunity to the proper and correct respondents. According to him the 1st Writ Petition No.30908 of 2017 is not even filed against the University, yet a direction was given for appointment. He further points out that in a Contempt Application permission was given to correct this error and to file a fresh writ petition. This is also contrary to law according to him. Lastly, he submits that even in the impugned order that is passed in W.P.No.8607 of 2020, the Registrar of the University, who is the present appellant, is not even heard nor was an opportunity given for filing their counter. Learned counsel highlights among other submissions, (which are referred to earlier), the grounds urged in paragraphs 3, 4, 6 to 11 and vehemently argues that the entire process adopted by the learned single Judge is contrary to law and deserves to be set aside.

5. Similar arguments were advanced by Sri J. Ugranarasimha, who also raises issues about the competency of the SC Commission and or the three Member Committee to pass the orders directing the appointment of the writ petitioner. Both the counsel submit that in matters of academic appointments etc., the Courts have time and again said that the matter should be left to the Academic Experts and the Court should lightly interfere. By relying upon the provisions of Article 338 and 338 (a) of the Constitution of India, learned counsel argued that the purpose for which the National Scheduled Castes Commission is constituted is different and their power does not extend to grant orders directing the respondents to appoint a particular person. Learned counsel Sri J. Ugranarasimha also relies upon the judgment of a learned single Judge of the High Court of Delhi in National