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2020 Supreme(Del) 1026

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

Advocates Appeared:
Rajiv Bansal, Advocate, Karan Suneja, Advocate, Rajshekhar Rao, Advocate, Sanjay Vashishtha, Advocate, S.D. Sharma, Advocate, Anandh Venkataramani, Advocate, Areeb Amanullah, Advocate

Headnote:(A) University Grants Commission Regulations, 2018; National Law University Act, 2007 - The court reviewed the eligibility criteria for the Vice Chancellor position and upheld the Selection Committee's recommendation process, stating that judicial review in selection matters is limited to allegations of mala fides or statutory violations. (Paras 20, 27, 60)

(B) Eligibility criteria for Vice Chancellor - The court affirmed that merely fulfilling eligibility criteria does not equate to a right to interview. (Paras 34, 60)

(C) Right to be Called for Interview - No statutory requirement necessitates an obligatory invite for all candidates meeting eligibility standards for interviews, allowing Selection Committees discretion in the shortlisting process. (Paras 38, 40)

Facts of the case:
The petitioner, having 10 years of experience in academia, claimed exclusion from interviews for the Vice Chancellor's position at NLUD despite fulfilling advertised criteria. He alleged violation of his right under Article 14 and sought an order directing the committee to call him for interviews.

Findings of Court:
The court ruled that the Selection Committee's decision was based on proper statutory authority and complied with requisite regulations, with no evidence of mala fides or arbitrary conduct.

Issues: Whether the petitioner was entitled to a personal interaction despite meeting eligibility requirements; whether the Selection Committee acted arbitrarily by not calling all eligible candidates.

Ratio Decidendi: The court emphasized that the right to be considered for a post does not translate into an automatic right to interview; selection is at the discretion of the committee based on objective criteria without judicial interference unless there's a clear breach of rules.

Result: Petition dismissed.

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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