The court ruled that the constitution of a Selection Committee does not require all experts to be from the specific subject area, as broader expertise is acceptable under the applicable regulations.

JUDGMENT :

Saurabh Shyam Shamshery, J.

1. Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri Kauntey Singh, learned counsel for petitioner and Sri Rahul Agarwal, learned counsel for respondent-University.

2. Petitioner before this Court is working at the respondent University namely Banaras Hindu University since 1996 and has faced a Selection Committee for the post of Senior Professor (Academic Level 15) in the Department of Ancient Indian History Culture (AIHC) and Archaeology under Career Advancement Scheme for the first time.

3. The petitioner was earlier appointed on the post of Lecturer in Palaeography in Department of AIHC and Archaeology under a ‘Special Assistant Programme’. Later on, she was promoted on the post of Lecturer (Senior Scale) in the Department of AIHC & Archaeology and in similar manner she was promoted as a Reader, Associate Professor, and Professor (Stage-V) in the Department of AIHC and Archaeology and now in terms of a Notification dated 18.7.2018 of the University Grants Commission, she has to face a selection committee, constituted for the post of Senior Professor (Academic Level 15) in terms of Clause 5.1 (iv) of said notification.

4. It is the case of the petitioner that when she faced the Selection Committee, she came to know that three experts being its members were not the experts of her subject i.e. Paleography, therefore, according to her, the Selection Committee was not constituted in terms of above referred regulation, therefore, she has approached this Court. The Constitution of Selection Committee for the post of promotion of post of Senior Professor in the University is reproduced hereinafter:

“IV. Senior Professor (a) The selection Committee for the post of Senior Professor in the University shall consist of the following persons:

I. Vice Chancellor who shall be the Chairperson of the Committee.

II. An academician not below the rank of Senior Professor/Professor with minimum ten years experience who is the nominee of the Visitor/Chancellor, wherever applicable.

III. Three experts not below the rank of Senior Professor/Professor with a minimum of ten years experience in the subject/field concerned nominated by the Vice-Chancellor out of the panel of names approved by the relevant statutory body of the University.

IV. Dean (not below the rank of Senior Professor/Professor with minimum ten years experience) of the faculty, wherever applicable.

V. Head/Chairperson (not below the rank of Senior Professor/Professor with minimum ten years experience) or Senior most Professor (not below the rank of Senior Professor/Professor, with a minimum of ten years’ experience) of the Department/School.

VI. An academician (not below the rank of a Senior Professor/Professor with minimum ten years experience) representing SC/ST/OBC/Minority /Women / Differently- abled categories, if any of candidates representing these categories is the applicant, to be nominated by the Vice Chancellor, if any of the above members of the selection committee do not belong to that category.

(b) Four members, including two outside subject experts, shall constitute the quorum.”

5. For reference prayers sought in this Writ Petition are reproduced hereinafter:-

“(i) a writ, order or direction of a suitable nature commanding the respondent to produce the recommendations of the selection committee which met on 29.07.2024 for promotion as Senior Professor (Academic Level 15) in the Department of Ancient Indian History, Culture & Archeology, Banaras Hindu University and to quash the same.

(ii) a writ, order or direction of a suitable nature restraining the respondent from undertaking any proceedings in pursuance to the recommendation of selection committee which met on 29.07.2024, for promotion as Senior Professor (Academic Level 15), Department of Ancient Indian History, Culture & Archeology, Banaras Hindu University, Varanasi.

(iii) a writ, order or direction of a suitable nature commanding the respondent to re-convene a meeting of the