The Vice-Chancellor is empowered to constitute a selection committee during an executive council absence, validating the committee's actions despite questions of expertise and bias.

JUDGMENT :

Prakash Padia, J.

1. Heard Shri Ashok Khare, learned Senior Counsel assisted by Shri Siddharth Khare, learned counsel for the petitioner, Sri Anant Kumar Tiwari, learned counsel for the respondent No.1/Union of India, Sri Amit Sinha, learned counsel for respondent Nos.2 to 5, Sri Ashish Kumar Srivastava, learned counsel for respondent No.6.

2. Pleadings have already been exchanged between the parties.

3. With the consent of the counsel for the parties, the writ petition is disposed of at the admission stage itself.

4. The petitioner has preferred the present writ petition inter-alias with the following prayer:-

"(i) a writ, order or direction of a suitable nature commanding the respondent to produce the recommendations of the selection committee which met on 04.01.2024 for promotion as Professor (Academic Level - 14), in the Department of Dance, Faculty of Performing Art, 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 recommendations of the selection committee which met on 04.01.2024 for promotion as Professor (Academic Level-14), Department of Dance, Faculty of Performing Art, Banaras Hindu University, Varanasi.

(iii) a writ, order or direction of a suitable nature commanding the respondent to reconvene a meeting of selection committee for consideration of the petitioner for promotion as Professor (Academic Level-14) after including therein the external expert in the subject/field of Kathak Dance within a period to be specified by this Hon'ble Court."

5. Facts as contained in the writ petition are that the petitioner was initially appointed as Assistant Professor (Kathak) at Punjabi University, Patiala vide order dated 27.02.2009. Though in paragraph-4 of the writ petition it is stated that the petitioner was appointed as Assistant Professor but in the letter of appointment translated copy of which is appended at page-32 of the paper book, it is stated that the petitioner was appointed as Lecturer in the department of Dance.

6. An advertisement was issued by the Banaras Hindu University by Rolling Advertisement no. 07/2014-15 for recruitment on the post of Professor, Associate Professor and Assistant Professor in the year 2015. The petitioner applied pursuant to the aforesaid advertisement and was duly selected and issued a letter of appointment by the University vide letter dated 03.10.2015 by which the petitioner was appointed on the post of Associate Professor in the department of Dance, Faculty of Performing Arts Banaras Hindu University, Varanasi. The services of the petitioner was confirmed by the University vide letter dated 22.02.2017.

7. The petitioner also work as Head of Department of Dance for the period of 3 years on rotational basis vide order dated 23.11.2019 and thereafter she again started functioning as Associate Professor in the department in question. The petitioner is working as Associate Professor in Academic Level - 13A. Promotion of the petitioner is permissible as Professor (Academic Level - 14) in accordance with the University Grants Commission (Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities & Colleges and Measures for the Maintenance of Standards of Higher Education) Regulations 2013.

8. A notification dated 01.09.2023 was issued by the Deputy Registrar of the University inviting applications on or before 30.09.2023 for consideration of promotion under career advancement scheme to different academic