The decision of a high-powered committee should not be interfered with in the absence of mala fides, and the courts should defer to the expertise of the committee.

RAJENDRA MENON, J.

1. The petitioner has filed this petition claiming to be a public spirited person and the prayer made in the writ petition reads as under:-

“(a) Call for records of the case pertaining to the selection and appointment made by the respondents No.1 and 2 to the post of Secretary (DARE) cum DG (ICAR) in pursuance of the advertisement published in the Employment News on dt.19-25 December 2015.

(b) issue writ, order or direction in the nature of quo warranto thereby declaring that the respondents no.1 and 2 had no authority to select and appoint the respondent no.4 to the post of Secretary (DARE) cum DG (ICAR); and

(c) issue writ, order or direction in the nature of declaration thereby further declaring the appointment of respondent no.4 as Secretary, DARE cum DG, ICAR vide appointment letter dt.19.02.2016 as illegal and non est in law;

(d) pass such other order and further orders as this Hon’ble Court may deem fit and proper in the interest of justice to the respondents no.1 and 2 to consider for appointment of suitable eligible person from amongst the candidates shortlisted and duly recommended by the Search cum Selection Committee to the post of Secretary, DARE cum DG, ICAR at the earliest in a time bound manner;”

2. It is the case of the petitioner that an advertisement was issued by the Ministry of Agriculture and Farmers’ Welfare, Government of India in the Employment News dated 19th/25th December, 2015 wherein applications were called for appointment to the post of Secretary, Department of Agricultural Research and Education (“DARE”) cum Director General, Indian Council of Agricultural Research (“ICAR”). The educational qualification and experience indicated in the advertisement read as under:-

“Educational Qualifications and Experience:

(i) The person is expected to have a Ph.D. decree in agriculture or allied sciences.

(ii) He should have at least 25 years experience in the filed of agricultural research/education, out of which at least 5 years experience should be in research management position.

(iii) The person should be in the pay scale of Additional Secretary to the Government of India if employed under Government or in the scale of Vice-Chancellor of a University in UGC pay-scales or in an equivalent pay scale if employed in University.” (emphasis supplied)

It is further submitted that the last date for receiving the applications and nominations was 18th January, 2016.

3. A two-fold objection was raised with regard to appointment of respondent No.4 made to the said post: firstly, that he did not have the 25 years experience in the field of agricultural research, out of which 5 years should have been in the research management position, as required under the advertised qualification and experience; and secondly, that he did not submit any application before the cut off date on 18th January, 2016 instead his name was included based on the recommendations made by one of the members of the Search-cum-Selection Committee during the course of its proceedings later.

4. Taking us through the official memorandas (“O.M.’s) dated 25th October, 1994, 5th December, 2003 and 30th July, 2007 the learned counsel appearing for the petitioner Sh.Saqib vehemently argued that the Search-cum-Selection Committee was constituted in accordance with the requirement of these circulars; and the Committee was therefore strictly to follow the mandate of the advertisement. There could not be any deviation from mandate of the advertisement and in this case as there are apparent deviations from the advertisement in the matter of respondent No.4 not fulfilling the requisite qualification and having not even submitted the application in time. Therefore, the contention is that a writ of certiorari be issued and his appointment be annulled.

5. It is submitted that for an appointment to such an important post a candidate who does not have the requisite experience of 25 years in the field of agriculture research and education, out of which