- (1.) We have heard Shri R.N. Singh, Senior Advocate assisted by Shri G.K. Singh for the petitioner. Learned Standing Counsel appears for the State respondents. Shri Neeraj Tripathi appears for Chancellor of Mahatma Gandhi Kashi Vidyapeeth, Varanasi. Shri Ajit Kumar Singh appears for the University.
(2.) THE petitioner has prayed for setting aside the order dated 23/28th December, 2010 passed by the Chancellor, Mahatma Gandhi Kashi Vidyapeeth, Varanasi (the University), in so far as he has accepted the disagreement of the Executive Council of the University in its resolution dated 23.6.2010 to the selections of the petitioners as Lecturers (petitioner Nos. 1 to 4), Reader (petitioner No. 5) and Professor (petitioner No. 6), by direct recruitment by the selection committee in pursuance to advertisement No. 2 of 2006 followed by advertisement No. 6 of 2006 published by the University. The Chancellor has accepted the disagreement on the ground that one of the subject expert was not present in the selections in violation of Section 31 (5) (a) of the U.P. State Universities Act, 1973 (in short the Act), and if any subject expert has expressed his inability to attend the meeting of the selection committee, the Vice-Chancellor should have invited the next subject expert in the list of nominations of such experts provided by the Chancellor. Section 31 (5) (a) of the Act is quoted as below: "31. Appointment of Teachers...... (5) (a) A panel of six or more experts in each subject of study shall be drawn up by the Chancellor after consulting the corresponding Faculty in Indian Universities or such academic bodies or research institutions in or outside Uttar Pradesh as the Chancellor may consider necessary, Every expert to be nominated by the Chancellor under sub-section (4) shall be a person whose name is borne on such panel. (b) The Board of each Faculty shall maintain a standing panel of sixteen or more experts in each subject of study, and every expert to be nominated by the Vice Chancellor under sub-section (4) shall be a person whose name is borne on the panel. (c) A panel referred to in clause (a) or clause (b) shall be revised after every three years. Explanation I.-For the purposes of this sub-section, a branch of subject in which a separate course of study is prescribed for a postgraduate degree or for Part I or Part II thereof shall be deemed to be a Separate subject of study. Explanation II.-Where the post of teacher to be selected is common to more than one subject of study, the expert may belong to either of such subjects of study. (d) The Chancellor or the Vice-Chancellor, as the case may be, may intimate in a specified order, a larger number of names of experts than required under sub-section (4) for serving as his nominees on the Selection Committee. In such case, on any person whose name appears higher in the specified order not being available for a meeting of the Selection Committee, a person whose name appears nearest lower in the specified order shall be requested to serve on the Committee." A tabular chart of the subjects; posts and categories in which the petitioners had applied; the dates when the selection committee met; the experts panel provided by the Chancellor through his letter dated 16.11.2006; the name of the experts present in the selection committee and those who could not appear and attend inspite of their consent taken by the Vice-Chancellor, is given as below: JUDGEMENT_595_ADJ6_2011Image1.jpg JUDGEMENT_595_ADJ6_2011Image2.jpg JUDGEMENT_595_ADJ6_2011Image3.jpg
(3.) THE extract of the record of the proceedings of the selection committee; the letters sent by Prof. S.S. Kushwaha, the Vice-Chancellor of the University confidentially to the expert, on 29.10.2007, and a note on the letter that their consent has been obtained on telephone, have been placed by the University on record. Atabular chart of the presence of the subject experts, UGC observers and the representatives of the Scheduled Caste for the selections conducted by the various selection committees in the University from 9.9.2007 to 18.12.2007, has also been produced. In the meetings of the selection committees held on the dates given as above, only one of the subject expert was present in the case of post of Lecturers; two in the case of Reader and two in the case of Professor. The Act provides for presence of two subject experts in case of Lecturers, and three subject experts in case of selections of Readers and Professors, from out of the list in the same order in which the panel of the names of expert is recommended by the Chancellor of the University.;