SEN, J—This writ petition by Shri Hari Shanker Goyal, an advocate practising in this Court, and a registered graduate of the Rajasthan University, seeks the issuance of a writ of quo-warrant against the respondent No. 2, Shri Ziauddin Khan, Professor and Head of the Department of Public Administration, Rajasthan University and against the respondents Nos. 3 and 4, namely, Sarvashri Girdhar Behari Sharma and Hosiar Singh, Lecturers, Department of Public Administration, Rajasthan University, from usurping the offices of Professor of Public Administration and Lecturers, Department of Public Administration, Rajasthan University, respectively.

2. During the pendency of the writ petition, the respondent No. 2, Shri Ziauddin Khan, retired as Professor and Head of the Department of Public Administration, Rajasthan University, in the year 1974. That being so, the relief claimed against him in the petition has become infructuous.

3. The learned counsel for the petitioner has, however, challenged the validity of the appointment of respondents Nos. 3 and 4, namely, Sarvashri Girdhar Behari Sharma and Hosiar Singh, as Lecturers, Department of Public Administration, Rajasthan University, and has advanced a submission threefold. Firstly, the contention is that the constitution of the Selection Committee under Statute 20 of the Statutes of the University was invalid inasmuch as Shri Ziauddin Khan could not be appointed as Professor of Public Administration as he did not have the requisite qualification. Secondly, the contention is that Shri D.C. Swami, who was a nominee of the Syndicate in the Selection Committee, not hiving attended the meeting of the Selection Committee held on August 4, 1972; the Selection Committee was not validly constituted. And thirdly, the contention is that Shri Rama Reddi, Professor and Head of the Department of Political Science, Usmania University and Professor S.M. Hasan, Professor and Head of the Department of Law in the Aligarh University, were rot experts within the meaning of Statute 20(2)(b)(v) for the reason that they were not the persons possessing special knowledge of the subject concerned, i.e., Public Administration. There is, in my opinion, no substance in any of the contentions, I

4. Statute No. 20 of the University of Rajasthan, so far as material, reads as follows:—

"20. (1) No person shall be appointed as a University teacher except on the recommendation of a Committee of Selection constituted for the purpose.

(2) The Committee of Selection shall consist of the following members:

(a) For Professors.

(i) The Vice-Chancellor, Chairman

(ii) The Dean of the Faculty concerned provided he is a University Professor or Principle of an affiliated Post-graduate College.

(iii) One Member of the Syndicate appointed by the Syndicate.

(iv) The Head of the Department concerned, not below the rank of Professor.

(v) Three persons possessing special knowledge of the subject concerned, appointed by the Chancellor on the recommendation of the Syndicate.

(b) For Readers & Lecturers.

(i) The Vice-Chancellor, Chairman,

(ii) The Dean of the Faculty concerned.

(iii) One member of the Syndicate appointed by the Syndicate.

(iv) The Head of the Department concerned.

(v) Two persons possessing special knowledge of the subject concerned, appointed by the Chancellor on the recommendation of the Syndicate.

........................

(3) The Committee of Selection shall report to the Syndicate. If the Syndicate accepts the recommendation, it will make the appointment."

5. As regards the alleged invalidity of the constitution of the Selection Committee, the contention that the appointment of Shri Ziauddin Khan, Pro-lessor and Head of the Department of Public Administration was invalid and therefore, he could not be a member of the Selection Committee, cannot be accepted. Under Statute 20 (2)(b)(v), the requirement is that Shri Ziauddin Khan should have been Head of the Department concerned and he was, indeed, the Head of the Department of Public Adminis

Click Here to Read the rest of this document