SEWA SINGH MANN Vs. VICE CHANCELLOR

JUDGEMENT

(1.) Where the recommendations made by a Selection Committee for the appointment of Head of a Department are not unanimous and more than one names are recommended, can be Vice- Chancellor with-hold those names and not put them upto the Board of Management for decision and whether he can constitute another Selection Committee for making a fresh selection are the meaningful questions involved in this writ petition filed under Article 226 of the Constitution challenging the appointment of respondent 3 as Head, Horticulture Department in the Punjab Agricultural University, Ludhiana (hereinafter called the University).

(2.) Post of Head of the Department of Horticulture fell vacant in the University and the same was to be filled up in accordance with the provisions of the Haryana and Punjab Agricultural Universities Act, 1970 and the Statutes framed thereunder (for short the act and the Statutes respectively). Section 14 of the Act vests the power is the Board of Management to appoint officers, teachers and other employees of the University in the prescribed manner. Teachers include Professors- cum-Head of Department. Clause 4(2) of Chapter-IV of the Statutes relating to the classification manner of appointment and powers and duties of teachers of the University deals with the procedure for the appointment of Head of Department. The relevant sub-clauses are reproduced hereunder for facility of reference:-

(3.) The argument of Mr. P.S. Patwalia, Advocate for the petitioner is that in view of the procedure prescribed by the Statutes for the appointment of Heads of Department, the Vice- Chancellor was required to submit the recommendations of the Selection Committee with his comments, if any, even if the recommendations were not unanimous to the Board of Management leaving it to the latter to decide as to who should be appointed Head of the Department. The stand of the respondents, on the other hand, is that as per sub-clause (v) of clause 4(2) of the Statutes, the Selection Committee was required to recommend the name of "the most suitable person for appointment as Head of Department" and since the recommendation was not unanimous and three different names had been recommended for appointment, it was not possible for the Vice-Chancellor to accept the recommendations and in the circumstances, he was left with no other alternative except to appoint another Selection Committee which he did.