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IN THE HIGH COURT OF MADHYA PRADESH
P.C. Singh & Raj Krishna Tankha
Ram Singh (Dr.)
Vs.
University of Saugar of others
M.P. No. 25 of 1972
Decided On: 05.02.1973
The rule of construction enacted in section 5 (b) of the General Clauses Act applies only where contrary intention is not indicated.
Contrary intention to exclude the operation of the rule that the plural includes the singular is not inferred merely because the relevant provision is drafted in the plural and the subsidiary and ancillary provisions follow the same pattern and use plural words or words implying the plural. (1965) 1 All. ER 225, (1969) 3 All. ER 437 referred to. [Para 5
(2) University Laws - University of Saugar Act, 1946 (M.P.) - S. 47-A - powers of the selection committee - may recommend only one person for a post - selection made by selection Committee - Executive Council when bound by such selection.
Sub-section (3) and (4) of section 47-A of the Act, though laying emphasis on plurality, do not exclude singularity and that it is open to the Selection Committee to recommend only one name if only one person is found suitable for the post. [Para 5
The combined effect of sub-sections (1) and (4) in case when only one name is recommended is that only that person and no one else can be selected by the Executive Council. In such a case the words "shall make the final selection" in subsection (4) will mean that the person recommended alone can be selected.
It is quite possible that by the time the recommendations of the Selection Committee reach the Executive Council it may not be advisable to fill up the post advertised for various administrative reasons, e.g. lack of funds or want of students. If an honest administrative decision is taken not to appoint a person recommended, in our opinion, the Executive Council and the University cannot be compelled to accept the recommendation of the Selection Committee and to make the appointment, though if an appointment is made, the person appointed must be one recommended by the Committee.
The scheme of section 47-A and the object behind it clearly show that the Executive Council cannot refuse to accept the recommendation of the committee simply on the ground that the person recommended is not acceptable to the Executive Council, or that the person recommended is not suitable, or that a person rejected should have been recommended. These matters are to be judged by the Selection Committee which is especially constituted under section 47-A for making selection and judging suitability of candidates. [Para 6
(3) University Laws - University of Saugar Act, 1946 (M.P.) - Ss. 21-AA - recommendation of Selection Committee - lapses after one year. [Para 9
(4) Constitution of India - Art. 226 - order of Executive Committee rejecting the recommendation of the Selection Committee challenged within one year - writ petition does not become infructuous. [Para 9
(5) Constitution of India - Art. 226 - who may apply - candidate recommended by Selection Committee - selection rejected by Executive Council - person selected has a right to make petition to the High Court - University of Saugar Act, 1946 (M.P.) - S. 47-A. [Para 10
P.C. Singh, J.
1. This is a petition under Articles 226 and 227 of the Constitution praying that the resolution passed by the Executive Council of the University of Saugar dated 19th December 1971 (Annexure B) be quashed.
2. The relevant facts which are not in dispute are that the petitioner was appointed as Assistant Lecturer in Zoology in the Saugar University on 5th January 1949 and he has been serving that University since then. He was conferred the degree of Ph. D. in 1957 by the Saugar University and he was also conferred another Ph. D. degree in 1962 by the Cambridge University. The petitioner was made a Reader in the Saugar University in the year 1968. In 1971 for one year he went as Reader to Jiwaji University during which period he was on leave in the Saugar University.
A permanent post of Professor in Zoology is vacant in the Saugar University. On 31st May 1971 by an advertisement (Annexure A) applications were invited for various posts including the post of Professor in Zoology. The petitioner applied for the said post. One Dr. Bhargava who is also a Reader in Zoology in the Saugar University also applied for that post. There were other applicants also. The selection to the post of Professor is made by a Selection Committee constituted under section 47-A of the University of Saugar Act, 1946 A meeting of the Selection Committee was held on 4th December 1971. That meeting was attended by six members. Five candidates were interviewed by the committee. By a majority of five to one the committee recommended that the petitioner be appointed as Professor in the department of Zoology in the University. One member alone dissented from this recommendation as he felt that Dr. Bhargava should be appointed. The recommendation of the committee is contained in Annexure B. This recommendation was considered by the Executive Council of the University in its meeting on 19th December 1971 and it was resolved that "the recommendation of the Selection Committee be not accepted as its acceptance would lead to administrative and disciplinary complications." This is the resolution which is challenged by the petitioner in this petition.
3. Before adverting to the contentions raised in this petition, it is necessary to refer to the relevant statutory provisions of the University of Saugar Act, 1946. The Executive Council is the executive body of the University and is constituted under section 23 of the Act. The powers and duties of the Executive Council are set out in section 24. The relevant powers and duties are contained in clauses (k), (l), (m) and (p) of sub-section (1) of section 24. These clauses read as follows :-
24(1). The executive Council-
(k) may institute, at its discretion such Professorships, Readerships or Lectureships, or other teaching posts as may be proposed by the Academic Council;
(l) may abolish or suspend, after report from the Academic Council thereon, any Professorship, Readership, Lectureship or other teaching posts in the University ;
(m) shall, save as otherwise provided for by this Act or the Statutes, appoint the officers (other than the Chancellor, the Pro-Chancellor, the Vice-Chancellor, and the Rector) teachers and other servants of the University, and shall define their duties and the conditions of their service, and shall provide for the filling of temporary vacancies in their posts ;
(p) shall, subject to the powers conferred by this Act on other authorities of the University, regulate, determine and administer all matters concerning the University, and to this end, shall exercise all other powers of the University not otherwise provided for by this Act or the Statutes.
These provisions go to show that the Executive Council may, at its discretion, institute Professorships, Readerships or Lectureships or other teaching post as may be proposed by the Academic Council and may abolish or suspend any of these posts after report from the Academic Council. Subject to the other provisions of the Act and Statutes, t
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