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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SARAL SRIVASTAVA, SUDHANSHU CHAUHAN
Dipanwita Singh Roy – Appellant
Versus
Union of India – Respondent
| 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
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 sele....
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.
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.
The composition of selection committees for academic positions must meet statutory requirements; violations permit candidates to challenge the process, regardless of their participation.
The reconstitution of a Selection Committee during an ongoing interview process is illegal and arbitrary, necessitating a fresh selection process.
The court held that the SCS Committee was properly constituted in accordance with the provisions of the JMI Act and the UGC Regulations, that the members of the SCS Committee were persons of eminence....
The appointment of a Vice-Chancellor must adhere to statutory procedures; claims of bias must be substantiated, and the Visitor's discretion in appointments is paramount.
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