IN THE HIGH COURT OF DELHI AT NEW DELHI
Jyoti Singh, J.
Prasannanshu - Appellant
Versus
Selection Committee For Vice Chancellor, National Law University, Delhi & Anr. - Respondent
Writ Petition (Civil) No. 5497 of 2020; Civil Miscellaneous No. 19796 of 2020
Decided On : 25-09-2020
JUDGMENT
Jyoti Singh, J. - Petitioner herein seeks quashing of the decision of the Chancellor, National Law University, Delhi (hereinafter referred to as ''NLUD'') dated 25.06.2020 rejecting his representation for accepting his candidature for the post of Vice Chancellor of the University as well as quashing of the decision of the Selection Committee dated 05.02.2020 whereby it had shortlisted candidates for personal interaction for appointment to the post of Vice Chancellor to be held on 25.02.2020 and the decision recommending a panel. A mandamus is sought directing the Respondents to take steps to call the Petitioner for interview/interactive session for the said post.
2. The narrative of facts as set out by the Petitioner is in a narrow compass and is encapsulated as under:
a. Petitioner joined NLUD in 2009 as an Associate Professor and was promoted to the post of Professor on 01.07.2015.
b. A Notification was issued on 11.10.2019 (hereinafter referred to as ''Notification'') by the Convenor of the Selection Committee of NLUD inviting nominations for the post of Vice Chancellor, NLUD. The eligibility conditions mentioned in the Notification are as follows:
"Eligibility and Terms & Conditions:
(As per the UGC Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2018 and National Law University Act 2007 (Delhi Act No. 1 of 2008) - As Amended by Act 7 of 2009)
Vice Chancellor to be a person possessing the highest level of competence, integrity, morals and institutional commitment is to be appointed as Vice-Chancellor. The person to be appointed as a Vice-Chancellor should be a distinguished academician, with a minimum of ten years of experience as Professor in a University or ten years of experience in a reputed research and / or academic administrative organization with proof of having demonstrated leadership.
Vice Chancellor to be an academic person and outstanding scholar in law / relevant subject/ or an eminent jurist. He shall be a whole time salaried officer of the University.
The Vice-Chancellor shall hold office for a term of five years or such less period as the Governing Council made decide, from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlier, and he shall be eligible for reappointment for further term till he attains the age of seventy years."
c. Petitioner applied for the post of Vice Chancellor within the prescribed time vide e-mail dated 11.11.2019 along with the requisite documents. Petitioner avers that he came to know that the Selection Committee was conducting a Meeting on 05.02.2020 for the purpose of shortlisting candidates for interaction on 25.02.2020.
d. Petitioner avers that being a distinguished academician, a scholar in law and an eminent jurist, having more than 10 years of experience in a reputed research/academic administrative organization with proof of having demonstrated academic leadership, which he mentioned in the Application Form, hoped and aspired that he shall be called for the interaction, being eligible for the post.
e. According to the Petitioner despite fulfilling the essential eligibility conditions, he did not receive any communication for personal interaction with the Selection Committee nor was any intimation received furnishing the reasons for excluding him from interaction and rejecting his candidature.
f. Petitioner avers that feeling aggrieved by this exclusion, which violated his fundamental right under Article 14 of the Constitution of India, he made a representation dated 03.06.2020 to the Chancellor, NLUD to provide the Petitioner a fair opportunity for interaction with the Selection Committee.
g. When the representation of the Petitioner was not responded to, he filed a petition in this Court being W.P.(C) 3661/2020, challenging what according to him was an arbitrary and discrim
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