IMPORTANT POINT
The reconstitution of a Selection Committee during an ongoing interview process is illegal and arbitrary, necessitating a fresh selection process.

JUDGMENT

Petitioners in both these writ petitions are applicants for selection to the post of Assistant Professor (Geography) in the 1 ^st respondent-Kannur University. They seek to declare that constitution of the Selection Committee, substitution of the Chairman of the Selection Committee and all further actions thereafter, are opposed to law and that the process of selection is bad in law.

2. The 1 ^st respondent-Kannur University issued Ext.P1 Notification inviting applications to fill up two posts of Assistant Professor (Geography), out of which one post is in the OC Category and the other post is in the SC Category. In response to Ext.P1 Notification dated 15.06.2022, the petitioner in W.P. (C) No.43934/2023 applied for the said post in OC Category. The petitioner in W.P.(C) No.792/2024 applied for in SC Category.

3. Thereafter, on 29.07.2023, the University issued Ext.P2 Notification dated 29.07.2023 for appointment to the post of Assistant Professor (Project Mode Programmes) on tenure basis for a period of five years. In Ext.P2, two posts of Assistant Professor (Geography) were notified out of which one post was in OC Category. The petitioner in W.P.(C) No.43934/2023 gave applications in response to Ext.P2 Notification also.

4. The petitioners submit that a joint interview was conducted for selection for appointment as Assistant Professor on regular basis as well as selection for appointment on tenure basis. The petitioners were called for interview which was scheduled to be held on 29.11.2023 and 30.11.2023. The petitioners state that as per Clause 5.1 of the UGC Regulations, 2018, the Selection Committee for appointment to the post of Assistant Professor consists of the Vice Chancellor or his nominee having at least ten years of experience as Professor, who will be the Chairman of the Committee, an academician nominated by the visitor/Chancellor, three experts in the subjects nominated by the Vice Chancellor, Dean of the faculty concerned, Head/Chairperson of the Department/School concerned and an academician representing SC/ST/OBC/Minority/Women/ Differently-abled categories to be nominated by the Vice Chancellor. Four members including two outside subject experts shall constitute the quorum.

5. The interview was started with the Vice Chancellor as the Chairman of the Selection Committee on 29.11.2023 and continued on 30.11.2023. But, before starting the interview on 30.11.2023, the Hon’ble Apex Court in Dr. Premachandran Keezhoth and another v. Chancellor, Kannur University and others, 2023 SCC Online SC 1592 held that appointment of the Vice Chancellor is vitiated. The Vice Chancellor thereupon nominated a Professor of the 1 ^st respondent- University to chair the Selection Committee. The petitioners state that the midway reconstitution of the Selection Committee is impermissible. There cannot be adhoc arrangements and if the Selection Committee cannot continue or complete the selection process, then the entire process is required to be done afresh.

6. In spite of the illegality in the selection proceedings, the ranklist prepared by the Selection Committee was placed before the meeting of the syndicate held on 12.12.2023 and the Syndicate as per Ext.P3 minutes decided to approve the score sheet. Consequently, Ext.P4 ranklist dated 19.12.2023 was published. Ext.P5 ranklist was also published on the same day for the tenure posts.

7. The petitioner in W.P.(C) No.43934/2023 would contend that apart from the illegality of reconstituting the Selection Committee during the course of the interview, the selection is vitiated by bias also. The 3 ^rd respondent in W.P.(C) No.43934/2023 was the supervisor of the 4 ^th respondent, while the 4 ^th respondent did his research in Jawaharlal Nehru University, as can be seen from Ext.P6 Certificate. The 3 ^rd respondent participated in the inte