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2026 Supreme(All) 106

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SARAL SRIVASTAVA, SUDHANSHU CHAUHAN, JJ.
Dipanwita Singh Roy – Appellant
Versus
Union of India and Others – Respondents
Special Appeal No. 219 of 2025
Decided On : 16-02-2026

Advocates Appeared:
For the Appellants : Shiv Baboo Singh, Shivendu Ojha, Siddharth Khare
For the Respondents: Amit Sinha, Anant Kumar Tiwari, Ashish Kumar Srivastava

The constitution of a selection committee must ensure experts possess relevant subject knowledge, and any perceived bias or procedural irregularities in their formation can invalidate the entire selection process.

Headnote:(A) Banaras Hindu University Act, 1915 - Section 7C(5) - Selection Committee - Constitution of Selection Committee for promotion under Career Advancement Scheme challenged on grounds of lack of expertise of nominated members, biased participation from an applicant, and emergency powers invoked without proper basis - Vice Chancellor's actions deemed unlawful due to absence of Executive Council and improper expert nominations. (Paras 21, 30, 119, 130)

(B) Educational Administration - Requirement that experts on the Selection Committee possess special knowledge relevant to the subject of appointment affirmed, reflecting the importance of fair selection processes and adherence to statutory mandates. (Paras 112, 110, 118)

(C) Bias in Committee Formation - Participation of an applicant in selection processes creates a conflict of interest and undermines fairness, supporting the principle that bias vitiates selection validity. (Paras 121, 128)

(D) Fresh Process Directive - Ordered a new selection process, excluding individuals involved in the prior flawed committee formation, ensuring adherence to the statutory requirement of subject expertise. (Paras 130, 131)

Table of Content
1. initial appointment as associate professor. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11)
2. challenge to selection committee constitution. (Para 12 , 13)
3. counterarguments by bhu. (Para 14 , 15 , 16 , 17 , 18 , 19)
4. court's analysis on the selection committee's legality. (Para 20 , 21 , 22 , 23)
5. arguments on the urgency of vice chancellor's powers. (Para 24 , 25 , 26 , 27 , 28)
6. eligibility of selection committee members discussed. (Para 29 , 30 , 31)
7. discussion on breach of procedural requirements. (Para 32 , 34 , 35)
8. final conclusion on bias in the selection process. (Para 36 , 37 , 38 , 39)
9. further analysis on subject knowledge required. (Para 40 , 41 , 45 , 46)
10. reiteration of the need for specific subject expertise. (Para 47 , 48 , 49 , 50 , 51)

JUDGMENT :

SARAL SRIVASTAVA, J.

1. Heard Sri Ashok Khare, learned Senior Counsel assisted by Mohd. Yasin, learned counsel for the appellant, Sri Anant Kumar Tiwari, learned counsel for the respondent no.1, Sri Amit Sinha, learned counsel for respondent-Banaras Hindu University and Sri Ashish Kumar Srivastava, learned counsel for private respondent.

2. The present appeal is directed against the judgement and order of learned Single Judge dated 18.02.2025 passed in Writ-A No.4884 of 2024 whereby the learned Single Judge has dismissed the writ petition of the appellant, who was petitioner in Writ-A No.4884 of 2024 before the learned Single Judge.

3. The case of the appellant in the writ petition was that appellant was initially appointed as Assistant Professor (Katthak) at Punjabi University, Patiala vide order dated 27.02.2009 (English translation of the appointment letter is enclosed with the writ petition). The appointment letter indicates that the post on which the appellant was appointed was Lecturer in the Department of Dance at Punjabi University, Patiala. The appellant pursuant to the Advertisement No.07/2014-15 issued by the Banaras Hindu University, Varanasi (hereinafter referred to as the ‘BHU’) inviting applications for several teaching posts including the post of Associate Professor (Dance) carrying Post Code No.2730 applied for appointment as Associate Professor.

4. The petitioner after having gone through the process of selection was selected as Associate Professor (Dance) by appointment order dated 03.10.2015 issued by the Deputy Registrar (Recruitment and Assessment Cell). The appellant in pursuance of the said appointment order joined as Associate Professor in the Department of Dance, Faculty of Performing Arts, BHU, Varanasi. The appointment of the appellant was on probation for a period of one year. The appellant was subsequently confirmed as Associate Professor by the order of Deputy Registrar (Admin.-Teaching) dated 22.02.2017.

5. The appellant while working as Associate Professor was also appointed as Head of the Department of Dance for the period of three years on rotational basis by order dated 23.11.2019 issued by the Assistant Registrar (General Administration). Presently, the appellant is working as Associate Professor in the Academic Level-13A.

6. On 01.09.2023, a Notification was issued by the Deputy Registrar of the BHU inviting applications on or before 30.09.2023 for consideration of promotion under Career Advancement Scheme to different academic levels including promotion to the post of Professor (Academic Level-14).

7. The appellant being eligible, applied in pursuance to the aforesaid Notification in the prescribed form. After requisite processing, the appellant was required to appear before the Selection Committee on 04.01.2024. The appellant appeared before the Selection Committee on the said date.

8. As per the averments made in the writ petition, there does not exist any Executive Council in the BHU for the past almost two years, due to which, the Vice Chancellor has been passing orders on the recommendations of the Selection Committee at his level.

9. The appellant being aggrieved by the constitution of Selection Comm

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