- (1.) The Haryaua Agricultural University, Hissar (hereinafter referred to as 'the University') advertised two posts of Entomologist in the newspaper dated 20th February, 1982. The essential qualifications for these posts were: (i) Second Class B. Sc. (Agriculture); (ii) Second Class M. Sc. (Agriculture) in Entomology; (iii) Ph. D. in Entomology; (iv) Five years experience of teaching Research/Extension in Entomology/ Economic Entomology. Dr. Krishan Singh Khokhar and Dr. Raj Kumar Lakra, petitioners Nos. 1 and 2, along with 17 other persons, applied for the posts. Out of these ten candidates appeared for interview before the Selection Committee on 30th October, 1982 The Selection Committee consisted of the following persons: (i) Dr. R. A. Aggarwal, Division or Entomology, IARI, New Delhi ... Chairman (ii) Dr. B. S. Chahal, Head of Department of Entomology, Punjab Agricultural University, Ludhiana ... Member (iii) Dr. D S. Gupta, Dean College of Agricultural of the University ... Member (iv) Dr. H. C. Sharma, Project Director of the University Member (v) Dr. Zile Singh, Head of Department of Entomology of the University ... Member The Selection Committee recommended the names of (i) Dr. P. R. Yadav; (ii) Dr. A. D. Khurana; (iii) Dr. (Mrs.) Ramesh Chauhan; and (iv) Dr. P. D. Sharma for appointment to these posts.
(2.) In the 88 Meeting of the Board of Management of the University (for brevity sake described as. 'the Board') held on 15th February, 1983, it was decided that the Vice Chancellor should re-examine the matter and the same be put up for consideration in the next meeting of the Board. Shri P. P. Caprihan, Chief Secretary to Government, Haryana, who had in the meantime taken over as the Acting Vice Chancellor of the University, examined the whole matter and placed his recommendations in the meeting of the Board held on 16th April, 1983. It was decided that the Vice Chancellor may have another look at the case. Three new posts of Entomologists which had in the meantime becomes available be advertised and selections made as suggested by the Vice Chancellor. The Vice Chancellor re-examined the matter and discussed it with the Director of Research and Dean of the College of Agriculture. The Board took the .following decision in its meeting held on 23rd May, 1983: "It was noted that there were five vacancies available in the Department of Entomology and Dr. P. D. Sharma had been selected as Co-ordinator. In view of the urgency to fill these posts, it was decided that the three posts should not be advertised and six persons should be promoted in order of merit placed by the selection committee. Accordingly the following candidates were approved for appointment to the posts of Entomologists in the scale of Rs. 1200-1900 : (1) Dr. P. R. Yadav; (2) Dr. A. D. Khurana; (3) Dr. (Mrs.) Ramesh Chauhan; (4) Dr. P. D. Sharma (Pro forma selection. He has already been selected for the post of Co-ordinator and will be appointed on that post; (5) Dr. B. S. Chhillar; and (6) Dr. K. S. Kushwaha; Pursuant to the above decision of the Board, appointment orders of candidates mentioned at Serial Nos. 1. to 3 and 5 to 6 to the post of Entomologist were issued on 26th May, 1983, and they have since joined these posts. Dr. P. D. Sharma, who was appointed to the post of Co-ordinator, has also joined there. The petitioners Nos. 1 and 2 represented to the then Vice Chancellor as well as to the Members of the Board of Management in November, 1982 that the selection had been made by pick and choose and without considering the merit of all the candidates.
(3.) The selection of the abovementioned five persons has been challenged in this writ petition under Articles 226/227 of the Constitution by Dr. K. S. Khokhar and three others on the ground that in the advertisement dated 20th February, 1982, applications for only two posts of Entomologist were invited. Petitioners. 3 and 4 were hot eligible on that date. The three posts of Entomologist were created after 20th February, 1982, but they were not advertised and applications were not invited for them; the petitioners have been denied the opportunity to apply for those posts and to be considered for appointment against them. Entomologists are members of the technical staff of the University. Under Section 29 of the Haryana and Punjab Agricultural Universities Act, 1970 (for short 'the Act'), the members of the technical staff are to be selected by the Head of the Department in consultation with the members of the Department concerned, recommended by the Dean of the Director of Research or the Director of Extension Education, as the case may be, and appointed by the Vice Chancellor with the approval of the Board. In the instant case, this procedure has not been followed and selections have been made by a Committee. The selection and appointment of respondents 3 to 8 is against the provisions of the Act. Respondents 3 to 8 have been appointed by Shri P. P. Caprihan, the Acting Vice Chancellor. His appointment as Acting Vice Chancellor of the University is illegal. According to Section 15 of the Act, the Vice Chancellor shall ; be whole time officer of the University. Shri Caprihan is a whole time member of the Indian Administrative Service and is a whole time Chief Secretary to Government of Haryana. He has been appointed as a part time Acting Vice Chancellor. This is violative, of Section 15 of . the Act. The appointments made by Shri Caprihan are, therefore, void. Dr. (Mrs.) Ramesh Chauhan respondent No. 5 did not fulfil the minimum qualifications. She did not possess a degree in B. Sc. (Agriculture). She had done her B. Sc (Medical). The courses of the two are entirely different.;