The first Vice Chancellor of Sree Sankaracharya University of Sanskrit did not have the power to constitute the selection committee in the absence of any first Statutes issued by the Government.

This batch of writ appeals arises from a common judgment of the learned single judge setting aside the selection and appointments to the various posts in the Sree Sankaracharya University of Sanskrit (hereinafter referred to as 'the University'). O.P. No. 16646/94 is filed by five petitioners who applied for the posts of Lecturers in Vyakarana, Sahitya and Vedanta. O.P. No. 16586/94 is filed by a single petitioner who applied for the post of Lecturer in Vedanta. O.P. No. 15752 of 1994 is filed by a candidate who applied for the post of Lecturer in Sahitya. The petitioner in O.P. No. 3297/95 applied for the post of Lecturer in both Sanity a and Vedanta. W.A. Nos. 826, 827,828 and 829 of 1996 are filed by the University against the common judgment in the above 4 original petitions. The other appeals are filed either by the contesting respondents or by persons who are not parties to the original petition with leave and who arc adversely affected by the judgment.

2. The common grounds of attack in all these original petitions can be summarised as follows:

(1.) The selection committee was improperly constituted because the issuance of the first statute was a pre-requisite for the formation of a selection committee.

(2) Procedure for recruitment and prescription of qualification have to be done by making statutes. No qualifications were prescribed for the various posts in the notification inviting applications.

(3) The principle of communal reservation was not followed.

(4) Unqualified persons were selected. In certain cases relaxation from qualification was given without any authority.

(5) There was no guidelines prescribed for the selection committee to be followed in the matter of selection. Therefore, the selection was illegal and arbitrary.

3. The reliefs prayed in the various original petitions are more or less the same. They are to quash the select list (Ext. P12 in OP. No. 16646/94 and Ext. P10 in O.P,No. 3297/95). The petitioners also prayed for a declaration that the selection is illegal because it was not done by a duly constituted selection committee. The petitioners have also prayed for a direction to conduct fresh selection in accordance with law.

4. In allowing the original petitions, the learned single judge came to the following conclusions:

(1) Without framing the first statutes by the Government, no selection committee can be constituted and therefore no valid regular appointments can be made.

(2) The first Vice Chancellor did not issue any proceedings prescribing the qualifications for the appointment of teachers in the place of the regulations to be framed by the Academic Council.

(3) The first Vice Chancellor has no jurisdiction to prescribe procedure for recruitment of teachers in the absence of the first statute.

(4) The procedure adopted by the selection committee without following any guidelines was arbitrary and unfair.

(5) Constitution of the selection committee was bad for various reasons.

5 Before proceeding to consider the various arguments advanced by the learned various arguments advanced by the learned counsel for the appellants, it is necessary to advert to the various provisions contained in the Sree Sankaracharya University of Sanskrit Act 1994 (here in after referred to as 'the act). The purpose of the Act is to establish and incorporate a University at Kalady in Aluva Taluk in Ernakulam district by the name Sree Sankaracharya University of Sanskrit, The preamble of the Act reads like this:

"Whereas, it is considered necessary to establish and incorporate a University in the name of the illustrious Indian Philosopher and Saint Jagadguru Sree Sankaracharya in his place of birth for the promotion and development of the study of Sanskrit, Indology, Indian Philosophy and Indian languages".

6. According to S.3 of the Act, the University consists of the Chancellor, the Pro-Chancellor, the Vice Chancellor, the Principal Dean of Studies and the members of the Syndicate and the Academic Council. S.4 define t