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2002(2) JLJ 391
Rajendra Menon, J.
Salam Mani Singh (Dr.) v. Lakshmibai National Institute of
Physical Education and others
W.P. No.3 of 2002; Decided on 16.5.2002.
The petitioner in the instant petition has challenged the appointment of the respondent 4 to the post of Registrar, so also to the post of Professor on various grounds :
(1) that, the respondent 4 was ineligible. He did not fulfil the minimum qualifications prescribed by the University Grants Commission vide Annexure P-5. Accordingly, his selection is illegal;
(2) that, the appointment of the respondent 4 as Professor has been made contrary to the rules inasmuch as the Selection Committee has not been constituted as per rule 13(II) (a) of the Memorandum of Association. The expert nominated to the Committee was not approved in the‘ panel of experts as recommended by the Academic Council. For selecting the Professor, the norms laid down by the UGC, as per notification dated 24.12.1998 (Annexure P-XXXI) has not been followed;
(3) that, the Selection Committee for the appointment to the post of Registrar was not properly constituted as proper notice and period as provided in rule 6(d) (I) of the Memorandum of Association was not followed;
(4) that, contrary to the rules and in violation of F.R.l27, the selection committee has recommended for giving 5 advance increments to the respondent 4 which is not permissible. [Paras 10 & 15
Held: It is, therefore, held that constitution of the Selection Committees for appointment to the post of Professor being contrary to the provisions of the Memorandum of Association and Appendix- Vas contained in Annexure P-29 dated 24.12.1998 has to be quashed. [Para 33
(2) Civil Servant -- minimus criteria of qualification/experience .fixed for the post of Registrar not followed -- recommendations of Selection Committee cannot be sustained.
The minimum criteria fixed for appointment to the post of Registrar has not been followed, as such in the light of the observations made by the Supreme Court in the case of Dr. Bhanu Prasad Panda, the recommendation of the Selection Committee cannot be sustained. (2001) 8 SCC 532 followed. [Para 37
(3) Constitution of India -- Art. 226 -- recommendations of selection committee -- cannot be interfered with -- minimum qualification of candidate recommended for appointment not considered -- such recommendations call be quashed.
In the instant case, this Court has not scrutinized the proceedings of the Selection Committee as an appellate authority. Scrutiny of the proceedings was limited to examine as to whether the petitioner‘s contention that the respondents 4 does not fulfil the minimum qualification has been properly considered or not. On the basis of the provisions of the recruitment rules and the findings recorded by this Court in its order dated 7.11.2001, this Court has only considered whether the Selection Committee has assessed the minimum qualification criteria properly.
A close scrutiny, reveals that the Selection Committee misconstrued itself and in spite of the fact that the respondent 4 did not fulfil the minimum criteria, his case has been recommended. This Court has not examined the merit of the candidates or findings on merit of the Selection Committee. An expert body is required to proceed with its functions in accordance with law, it cannot be permitted to act on its own whims in an arbitrary and unreasonable manner while judging the suitability of a candidate. It is required to consider the case of such candidates who fulfil the criteria prescribed under the recruitment rules. AIR 1989 SC 434, AIR 1997 SC 2083, 2001 AIR SCW 1744 and AIR 1985 SC 330 distinguished. [Paras 40 & 43
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1. The petitioner at present a Professor in the Lakshmibai National Institute of Physical Education, Gwalior (hereinafter referred to as the 'Institute') has called in question the orders dated 18.12.2001 (Annexure P-26) and (Annexure P-13) dated 27.11.2000, by which respondent 4 has been appointed as Registrar and Professor respectively in the Institute.
2. It is the case of the petitioner that initially he was appointed as a Research Assistant in the Institute in August, 1970. Subsequently, he was promoted as Lecturer in August, 1972, Reader with effect from 1.1.1983 and Professor with effect from 27.11.2001. It is also the case of the petitioner that the respondent I-Institute is a Society and the affairs of the Society are managed through a Board of Management constituted and nominated by the Government of India. Respondents 2 and 3 are responsible for the proper and smooth functioning of the Institute. The Institute has to function in accordance with the provisions of the Memorandum of Association. It is further averred that the said Society is registered under the provisions of the Societies Registrikaran Adhiniyam. The Memorandum of Association has also been registered with the Registrar of Firms and Societies which was approved by the Government of India as well as the University Grants Commissions.
3. Respondent 4 according to the petitioner was appointed as Lecturer in the Institute in the year 1981. He was placed in the Lecturer (Sr. Scale) with effect from 26.8.1989 vide order dated 19.1.1991 and in the Reader's scale with effect from 26.8.1994 by order dated 16.8.1997. The aforesaid orders have been filed as Annexure P-2 and P-3 respectively. Subsequently, by the impugned order dated 27.11.2001 (Annexure P-13), he was appointed as Professor with effect from 27.11.2001. It is relevant here to mention that the petitioner and the respondent 4 were appointed as Professors with effect from 27.11.2001, the Selection Committee which recommended their cases for appointment as Professors was the same.
4. On 1.8.2000, vide Annexure P-4, an advertisement was issued by the Institute calling for applications from eligible candidates for appointment to the post of Registrar in the pay scale of Rs. 16,400-22,400. It has been mentioned in the said advertisement that the essential qualification as prescribed by the University Grants Commission should be fulfilled by the candidates.
5. The University Grants Commission has prescribed the minimum qualifications for the post of Registrar, Deputy Registrar and Assistant Registrar. The rel~vant clause is reproduced below:
"Registrar and equivalent posts -- 1. A Master's degree with at least 55% of the marks or its equivalent grade of B in the UGC seven point scale.
2. At least 15 years of experience as Lecturer (Sr. Scale)/Lecturer with eight years in Reader's grade along with experience in educational administration.
or
Comparable experience in research establishment and/or other institutions of higher education.
or
15 years of administrative experience of which 8 years as Deputy Registrar or an equivalent post."
6. It is further averred by the petitioner that according to rule 16(D) (a) of the Memorandum of Association, the appointing authority to the post of Registrar is the Board of Management, the Board of Management has to act on the basis of the recommendations of the Selection Committee which consists of the Director of the Institute as Chairman, one nominee of the President of the Society, one nominee of the Board of Management and one expert appointed by the Board of Management who is not an employee of the Institute. A copy of the aforesaid rule has been brought on record as Annexure P-6.
7. In response to the advertisement, petitioner applied and submitted his application vide Annexure P-7. It is the case of the petitioner that he was qualified and had fulfilled the criteria of 15 years experience as provided in Clause 2 of the conditions of essential qualifications prescribed by
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