Limited scope of judicial review in matters of appointment, particularly when made by a panel of experts.

Tarlok Singh Chauhan, Judge

Since common questions of law and facts are involved in these writ petitions, they are taken up together for hearing and are being disposed of by a common judgment.

2. Both the petitioners seek to assail the appointment of Dr.K.K. Katoch as Vice Chancellor of Choudhary Sarwan Kumar Himachal Pradesh Krishi Vishvavidyalay, Palampur on identical grounds taken in the writ petitions. Civil Writ Petition No. 3131 of 2014 has been filed with the following prayers:-

“A. Writ of mandamus may kindly be issued by directing respondent authorities to constitute independent departmental enquiry to look into the credentials/ testimonials submitted by respondent No. 6 either through CV on internet or hard copy and check its genuineness/ authenticity and submit detailed report before this Hon’ble Court in time bound manner and further, during the pendency of enquiry the services of respondent No. 6 be suspended in accordance with provisions contained in Section 24(3-a) of its Act, by competent authority, by General or Special Order, by placing the Vice Chancellor under suspension,

(a) Where an enquiry under sub-Section (6) of this section is contemplated or is pending; or

(b) Where in the opinion of the Chancellor, he has engaged himself in activities prejudicial to the interest of the University; or

(c) Where a case against him in respect of any criminal offence is under investigation, inquiry or trial; or

(d) Where his continuation in office will prejudice the investigation, enquiry or trial (e.g. apprehended tampering with documents or to influence witnesses) and further, during the pendency of inquiry his services may kindly be suspended in accordance with provisions contained in Statute 8.3 sub-clause (4) which contains that the competent authority may place an employ under suspension pending an enquiry if it is satisfied that there is a prima-facie case against him or in subordination, intemperance or other misconduct, or any breach or non performance of his duties or non-compliance with any of the provisions of the conduct rules applicable to him. Further, if respondent No. 6 found guilty of playing fraud then respondent No. 1 and 2 be directed to quash his appointment and conduct fresh appointment in accordance with UGC regulations, 2010 contained in regulation 7.3.0 titled as Vice Chancellor in a transparent & proactive disclosure manner and most competent person known for uncompromising attitude, integrity, Eminent Educationist and person of high moral standard and character be appointed as its Vice Chancellor.

B. Writ of Certiorari may kindly be passed by directing the respondents to quash the provisions contained in Section 24 of Himachal Pradesh Universities of Agriculture, Horticulture and Forestry Act, 1986 wherein, the procedure for appointment of Vice-Chancellor is contained, as the same is not in conformity/consonance with UGC 7.3.0 regulation and Further, Writ of Mandamus be issued by directing the respondent Authorities to make amend section 24 of its Act to the extent to make it in consonance with UGC 7.3.0 regulation titled as Vice Chancellor.

C. Writ of Certiorari may kindly be passed by calling the whole record of case and any other Order, direction may kindly be passed as deems fit in the nature of facts and circumstanced mentioned herein in below.”

3. In so far as Civil Writ Petition No. 4210 of 2014 is concerned, only the reliefs A and C as contained in CWP No. 3131 of 2014 have been prayed for.

CWP No. 3131 of 2014

4. CWP No. 3131 of 2014 has been filed at the instance of a person who himself did not compete for the post of Vice Chancellor and is therefore, in the nature of public interest in a service matter. As evident from the prayer clauses reproduced herein above, the petitioner has not sought a writ of quo warranto for quashing the appointment of Dr. K.K. Katoch.

5. It is more than settled that public interest litigation in service matter is not maintainable except by way of a writ of