IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 22.08.2008 Coram : THE HONOURABLE MR.JUSTICE K.RAVIRAJA PANDIAN and THE HONOURABLE MR.JUSTICE P.P.S.JANARTHANA RAJA Writ Appeals Nos.23 to 25 of 2008 1. Pondicherry Engineering College, Pillaichavady, Pondicherry, represented by its Principal 2. Selection Committee, Pondicherry Engineering College, Puducherry 605 014, represented by its Chairman Appellants/Respondents 1&2 in all the writ appeals v. 1. A.Muthuramalingam Respondent 1 in WA No.23 of 2008 S.Himavathi Respondent 1 in WA No.24 of 2008 B.Rami Reddy Respondent 1 in WA No.25 of 2008 2. All India Council for Technical Education, represented by its Deputy Director, Southern Regional Office, 26, Haddows Road, Chennai 6. Respondent 2 in all Writ Appeals Writ Appeals filed under clause 15 of the Letters Patent against the common order of a learned single Judge of this Court dated 24.09.2007 made in writ petitions Nos.793 to 795 of 2006. Petition filed u/Art 226 of the Constitution of India, issue a Writ of Certiorarified Mandamus, calling for the records relating to the Memorandum made in No.PEC/E.Stt./E1/Rect(T)/2005/No.5666 dt.2.12.2005 issued by the Ist Respondent and quash the same and direct the respondents 1 & 2 to select and appoint the petitioners herein to the post of Professor in the Department of Electricial and Eletronics Engineering on par with the recruitment of professor in other departments under the same faculty recruitment notifiation published on 30.6.2005. https://hcservices.ecourts.gov.in/hcservices/ For appellants : Mr.R.Natarajan, Additional Government Pleader (Pondicherry) For Respondent 1: Mr.G.Rajan in all W.As. For Respondent 2: Mr.N.Muralikumaran, ACGSC JUDGMENT K.RAVIRAJA PANDIAN, J. These writ appeals are filed against the common order of the Writ Court in writ petitions Nos.793 to 795 of 2006, whereby the Writ Court directed the appellants herein to select and appoint the writ petitioners (the first respondents herein) to the post of Professors in the Department of Electrical and Electronics Engineering ('EEE' for short) on par with the recruitment of Professors in other Departments under the same faculty recruitment Notification published on 30.06.2005. 2. The facts are :- The first respondent in each of the appeals are working as lecturers in EEE department of the appellant college, viz., the Pondicherry Engineering College. The said college issued a faculty recruitment notification on 30.06.2005 calling for applications for three posts of Professors, two posts of Assistant Professors and one post of Lecturer in the EEE department, among other posts in other faculties. The writ petitioners, being possessed with the qualification prescribed in the notification, applied for the post of Professors. Pursuant to the same, they attended the interview on 21.10.2005. The interview for the recruitment of other posts also, as called for in the notification on 30.06.2005, was held on 21.10.2005. Appointment orders were issued to the candidates, who appeared for the post of Professors in other departments, but so far as EEE department, the results were not published. Hence, the first respondent in each of the appeals filed writ petitions No.37273 to 37275 of 2005 seeking for the issuance of writ of mandamus directing the appellants herein to select and appoint the writ petitioners to the posts of Professor in EEE department by declaring the results of the interview conducted by the Selection Committee on 21.10.2005 on par with the other department. While the writ petitions were pending, pursuant to the letters of the writ petitioners dated 28.10.2005, the appellant college through the Principal informed by a memorandum dated 02.12.2005 that the selection committee did not recommend the writ petitioners for appointment to the posts of Professor in EEE department. The writ petitioners again filed another set of writ petitions in W.Ps. Nos.793 to 795 of 2006 challenging the memorandum dated 02.12.2005 and further for a direction to the appellants to select and appoint the writ petitioners to the posts of Professors in the EEE department. https://hcservices.ecourts.gov.in/hcservices/ 3. The core contention of the writ petitioners in this case is that one Vivekanandan, Assistant Professor of CSE department, who did not possess the requisite qualification as on 15.07.2005, the last date for submitting the completed application forms, was issued with an appointment order as Professor in that Department, whereas the writ petitioners, who are fully qualified candidates, were not selected and found not fit for the post of Professor. 4. The writ Court on the view that for the three posts of Professors in the EEE department, only three candidates applied; all of them were working as Assistant Professors in the very same college and were fully qualified for the post; that except saying that the Selection Committee found them not fit to hold the posts, no other reason, whatsoever, has been given by the appellants and no other materials were shown as to how the writ petitioners were found to be not fit for the posts. On the above reasoning and also taking into consideration that one Vivekanandan, who did not possess the requisite qualification at the time of submitting the application, was favoured with appointment in that Department, the writ Court gave a positive direction to the appellants herein to appoint the writ petitioners as prayed for in the writ petitions. 5. On hearing the learned counsel on either side and on perusing the materials available on record, we are not able to approve the order of the writ Court. 6. It is seen from the notification dated 30.06.2005 that the appellant reserves the right to fill up the posts or alter the number of posts or even to cancel the whole process of recruitment without assigning any reason. Just because the writ petitioners are possessed of requisite qualification as required under the Notification and further fact that for the three posts of Professors, three candidates have appeared for the interview, ipso facto, cannot be a reason making them entitled to be appointed as Professors. It is the objective satisfaction of the selection committee, which is comprised of experts, and that has to decide the suitability or otherwise of the candidates for the prescribed posts. Either the constitution of the Selection Committee or the procedure followed by it is questioned by the writ petitioners. So, it can be safely presumed that the Constitution and the procedure followed by the Selection Committee is in accordance with the statutory provision. It is pertinent to note that no statutory provision is referred to either before the Writ Court or before this Court. 7. Then the next question is, whether the Selection Committee is obliged to select the three candidates appeared for the interview because of the co-equal vacancies and possession of requisite qualification by them. We are afraid to accept the same and the only answer of us is an "emphatic no". If the same is https://hcservices.ecourts.gov.in/hcservices/ correct, then there is no need for any interview by the Committee. The very purpose of interview is to assess the performance of the candidates objectively by the experts, who formed the Selection Committee. As the objective criteria is a question of fact in each case and no absolute or straight jacket formula could be laid down, due consideration should be given to the views expressed by the Selection Committee in the affairs of the administration of selection of teachers or professors. The competence and merit of the candidate could be judged not on the basis of the qualification the candidate possessed, but by other necessary factors such as performance of the candidate throughout their career, experience in the field on which the selection is going to be held and above all, the general aptitude and personality of the candidate for the post, which can be evaluated and decided only by the Experts Committee, particularly in educational matters, who have the expertise on the subject. The Court cannot substitute the view of the Selection Committee. 8. The only limited ground on which the Court can interfere with the selection process is patent material irregularity in the Constitution of the Committee or the procedure adopted by the Committee or proved malafide. None of the reasons has been stated by the writ petitioners against the Selection Committee. Hence, the writ Court should not have interfered with the decision arrived at by the Selection Committee. 9. It is well settled proposition that no candidate will have a vested right to compel the selection Committee either to complete the process of selection or appoint him or her as he/she possessed the requisite qualification. Even the candidates, who have been selected for vacancies in the interview, would not have any right to be appointed to the post and they are not entitled to seek a mandamus to that effect. Useful reference can be had to the judgments of the Supreme Court in the case of Jai Singh Dalal v. State of Haryana, (1993) Supp (2) SCC 600; State of Haryana v. Subash Chander Marwaha, 1974 (3) SCC 220, and Osmania University v. Abdul Rayees Khan, 1997 (3) SCC 124. 10. The other contention that one Vivekanandan, who did not possess the requisite qualification at the time of submitting his application for appointment, has been selected for that post, cannot make the writ petitioners entitled for appointment. It is well settled that there can be no equality in illegality. Benefits extended to some persons in an illegal or irregular manner cannot be claimed by others on the plea of equality. Illegalities committed in some other case cannot be held a ground for perpetrating the illegality. The guarantee of equality being a positive concept, cannot be enforced in a negative manner. If an illegality or irregularity has been committed in favour of an individual or even a group of individuals, others, though falling https://hcservices.ecourts.gov.in/hcservices/ in the same category, cannot invoke the jurisdiction of the writ Courts for enforcement of the same irregularity on the reasoning that the similar benefit has been denied to them. Any direction for enforcement of such claim shall tantamount to perpetuating an illegality, which cannot be permitted. A claim based on equality clause has to be just and legal. An order made in favour of a person in violation of the prescribed procedure cannot form a legal premise for any other person to claim parity with the said illegal or irregular order. A judicial forum cannot be used to perpetuate the illegalities. Useful reference can be had to the judgments of the Supreme Court in the case of STATE OF KERALA VS. K.PRASAD (2007) 7 SCC 140, NATIONAL COUNCIL FOR TEACHER EDUCATION VS. COMMITTEE OF MANAGEMENT, (2006) 4 SCC 65 and STATE OF BIHAR VS. KAMESHWAR PRASAD SINGH, (2000) 9 SCC 94. 11. The other contention raised on behalf of the writ petitioners that the suitability or eligibility cannot be determined by the Selection Committee and it is only the AICTE, which is the supreme body that could alone decide the suitability, is not also acceptable. The AICTE, as the supreme body, could prescribe the qualifications only. The power of selection among the qualified candidates definitely vests with the selection committee. The writ petitioners have also not questioned the constitution of the selection committee or the power of the Selection Committee. 12. The Principal of the college, as one of the committee members, has filed his counter wherein he has categorically stated that after going through the educational qualifications, experience and on the basis of the performance in the personal interview, the committee's recommendations was that the three candidates, who appeared for the interview, were not found fit to the post of Professor in the department of EEE. In order to fill up the vacancies in the appellant college in EEE department, a further notification calling upon the applications for filling up the posts of Professors, has been issued, which shows the anxiety of the college/appellant to fill up the vacancies at the earliest, otherwise, the appellants have to answer the AICTE. It is well open to the writ petitioners to prepare themselves well and appear again before the Selection Committee, if they choose to do so and come out successfully. 13. Learned counsel for the writ petitioners relied on the decision of the Supreme Court in the case of B.N.Saxena v. New Delhi Municipal Committee, AIR 1990 SC 2021, wherein the Supreme Court has held that the person having no diploma qualification, but having experience of six years as Senior and Junior Draftsman is entitled to be considered for promotion to the post of Head Draftsman. We are at a loss to understand as to how that judgment would be applicable to the facts of the present case. That was a https://hcservices.ecourts.gov.in/hcservices/ case for promotion and the basis for promotion qualifications fixed therefor. But the case on hand is in respect of direct recruitment calling for applications to fill up the posts of Professors in an educational institution, prescribing the qualifications. 14. In view of the reasoning and other propositions of law, we are of the view that the writ Court, by giving a positive direction to appoint the writ petitioners as Professors, while exercising jurisdiction under Article 226 of the Constitution of India, has virtually converted the Court into a Selection Committee and passed an order, which is impermissible in law and the same is liable to be set aside. 15. For the reasons stated above, the order of the learned single Judge has to be set aside and it is accordingly set aside. The writ appeals are allowed. No costs. The connected miscellaneous petitions are consequently dismissed. Sd/- Asst. Registrar /true copy/ Sub Asst. Registrar mf/usk To 1. The Deputy Director, All India Council for Technical Education, Southern Regional Office, 26, Haddows Road, Chennai 6. 2. The Principal Pondicherry Engineering College, Pillaichavady, Pondicherry, 3. The Chairman, Selection Committee, Pondicherry Engineering College, Puducherry 605 014. 3 Ccs To The Government Pleader, Pondicherry SR.47135 to 47137 +1 cc to Mr.N.Muralikumaran, Advocate, SR.No.47731 +3 Ccs to Mr.G.Rajan, Advocate, SR.No.47288 to 47290 Judgment in W.A.Nos.23 to 25 of 2008 SSN(CO) SMK/29.8.08 https://hcservices.ecourts.gov.in/hcservices/