THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 10666 OF 2011 ORDER: 1. This Writ Petition is filed challenging the show- cause notice No.DU/Estt./E-2/EQ/2011, dated 08.04.2011 issued by the first respondent and to direct the respondents to forbear from canceling the appointment of the petitioner. 2. The averments in the affidavit filed in support of the Writ Petition, in brief, are that the petitioner was recruited through a regular departmental process as Director (Publications Division) in the respondent university on 03.04.2009 and since then he has been discharging his duties to the best of his ability; that the impugned order is passed calling for his explanation as to why his appointment should not be cancelled; that, as seen from the impugned order, the second respondent has already concurred with the view taken by the Two Men Committee and therefore it is liable to be set aside. 3. On the other hand, the learned standing counsel for the respondent university contended that the impugned order is only a show cause notice issued calling for explanation of the petitioner and that the petitioner can as well submit his explanation to the said notice, and there no grounds to quash the same. 4. As seen from the impugned order, the Executive Council in its meeting held on 30.03.2011 resolved to: “agree the Two men Committee Report and requested the University to initiate action to cancel the appointment of Dr. D.Venkata Sravana Kumar which is made in contravention to the rules and regulations.” The report insofar it relates to the petitioner is concerned, reads thus: “Appointment of Director (Professor cadre), PRASARANGA (Publications Division) The allegation against the appointment of Dr.Dabbugunta Venkata Sravan Kumar as Director, PRASARANGA, (Publications division) is that he was the relative of the present Vice-Chancellor i.e. Dr.C.Ramanaiah, who was the Chairman of the Selection Committee and also he does not possess the required qualifications. The qualifications prescribed for appointment as Director Publications PRASARANGA is (i) PG with at least 55% marks in languages (ii) Ph.D. in relevant subject (iii) an eminent scholar with published work of high quality actively engaged in research with 10 years of experience in PG teaching and/or experience in research at the University/ National level Institutions including experience of guiding research at Doctoral level (OR) an outstanding scholar with established reputation who has made significant contribution to knowledge. In exceptional cases, teachers with 15 years of UG teaching/research experience could also be considered. Dr. Sravan Kumar worked as lecturer in Priyadarsini Decree College (unaided), Nellore on a consolidated salary of Rs.10,000 from November 1992 to December, 1994. Later, he worked as Lecturer in Sarvodaya College (Unaided), Nellore from 1994 onwards for 14 years on a consolidated salary of Rs.3000/- per month. A perusal of the application shows that Dr.Sravan Kumar fulfils the qualifications mentioned in (i) and (ii) but does not fulfil the qualification mentioned in (iii) above. In the opinion of the Committee, he was not eligible to be called for interview for the Director of PRASARANGA.” 5. In pursuance of G.O. Rt.No.876 HE (UE-I) Dept., dated 12.11.2010, a Two Men Committee was appointed by the Government to enquire into certain appointments made in first respondent university, and the Committee submitted its report to the Government. Thereafter, the Government called for remarks on the Committee Report, and the first respondent university said to have submitted its remarks to the Government. Thereafter, the Executive Council resolved to agree with the report of the Two Men Committee. The appointment of the petitioner as Director of Publications in first respondent university is in pursuance of a Notification issued by the university and he was subjected to selection process by the Executive Council. 6. It is not in dispute that process of recruitment is regulated either by statutory rules or resolutions passed by the Executive Council of the University. It is now well settled that it is open to the appointing authority to lay down requisite qualifications for recruitment to the posts in the university. What should be the qualification for a post is a matter for the administration to decide. The requisite qualifications are expressly mentioned in the Notification. It is the privilege of the university to decide the relevance of the requisite qualifications vis-à-vis the post. For being eligible, a candidate must possess the prescribed qualifications as notified. Once the true import of the requisite qualifications is ascertained, then the recruitment must be in terms of such qualifications. Further more, mere qualification is, however, not enough for appointment. The candidate must be suitable for the job and the suitability has to be adjudged according to some norms. The above aspects have to be borne in mind to decide whether the appointment of the petitioner is in accordance with norms prescribed in the Notification or not. The university has to consider the case of the petitioner independently not influenced by any observations made by the Two Men Committee. 7. Therefore, there are no grounds to interfere with the impugned order. The petitioner shall submit his explanation as required in the impugned notice dated 08.04.2011 and thereafter the case of the petitioner has to be considered independently in accordance with the Notification, Resolutions of the Executive Council of the University and regulations of the university governing the appointment and service conditions of the petitioner as Director of Publications uninfluenced by the fact finding recommendations made by the Two Men Committee. 8. The Writ Petition is, accordingly, disposed of. No costs. --------------------- (K.C.Bhanu, J.) 19.04.2011 DRK THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 10666 OF 2011 19.04.2011 THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 10666 OF 2011 19.04.2011 Between: Dr.D.Venkata Sravana Kumar …Petitioner And The Dravidian University, rep. by its Registrar, Srinivasavanam, Kuppam, Chittoor District & another …Respondents