THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 11994 OF 2011 ORDER: 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 Deputy Director Publications in the respondent - university on 01.10.2010 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. N. Eswara Reddy which is made in contravention to the rules and regulations.” The report insofar it relates to the petitioner is concerned, reads thus: “This allegation refers to the appointment of Dr. N. Eswar Reddy as Deputy Directors in the Publications division. The qualifications for the appointment as Deputy Director, PRASARANGA as stipulated in Item No.5 of the Notification No.DU/Estt./E1/129/2010-5 dated 22.06.2010 are (i) PG with at least 55% marks in any Dravidian Language/English/Linguistics (ii) Good academic record with a Ph.D. degree in the concerned/allied/relevant disciplines (iii) a minimum of 5 years experience of teaching and/or research in an academic/research position equivalent to that of Assistant Director/Assistant Professor in a University/College or accredited research Institution/industry excluding the period of Ph.D. research with evidence of published work and a minimum of five publications as books and or research/policy papers in indexed/ISBN/ISSN/ numbered books/Journals and University developed ISBN/ISSN list of Journals hosted in the website of the concerned University (iv) contribution to educational innovation, design of new curricula and courses, and technology mediated teaching learning process with evidence of having guided for research students (v) a minimum score of Academia Performance Indicator (API). The application shows that Dr. Eswar Reddy was Assistant Professor in the Yogi Vemana University for 3 years before his appointment as Deputy Director, PRASARANGA. His selection is not as per the eligibility criteria laid down in the Notification as he does not possess experience of 5 years equivalent to the Assistant Professor and other essential qualifications. Hence, in the opinion of the committee, he was not eligible to be called for interview for the post of Deputy Director”. 5. In pursuance of G.O.Rt.No.876, HE (UE-I) Dept., dated 12.11.2010, 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 Deputy Director, Publications, of 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 Deputy Director, Publication, 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 April 26, 2011 lmv THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 10665 OF 2011 19.04.2011 THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 11994 OF 2011 26.04.2011 Between: Dr. N. Eswara Reddy …Petitioner And The Dravidian University, rep. by its Registrar, Srinivasavanam, Kuppam, Chittoor District & another …Respondents