Hitendra Singh Bhupendrasingh & Ors vs Dr.P.D.Krishi Vidyapeeth By Reg.& Ors

3. Dr. Punjabrao Deshmukh Krishi Vidyapeeth invited applications for appointment against 24 vacancies in the cadre of Senior Research Assistants and 37 vacancies in the cadre of Junior Research Assistants. As many as 3214 applications were received from eligible candidates against 61 posts so advertised. Appointments based on the selection conducted by the Selection Committee concerned were all the same made for as many as 131 posts out of which 76 appointments were made against the posts of Senior Research Assistant while the remaining 55 were made in the cadre of Junior Research Assistants. It is common ground that the selection process was based on a total weightage of 100 marks for each candidate out of which 40 marks were reserved for educational qualification of the candidate and his/her experience while the remaining 60 marks were set apart for viva- voce examination.

4. Several complaints appear to have been made against the selection process and the resultant appointments made by the University. Some of these complaints were in the form of writ petitions filed before the High Court of Bombay at Nagpur while some others were addressed to His Excellency, the Governor of Maharashtra who happens to be the Chancellor of the University. Out of the writ petitions filed against the selection and appointment process, Writ Petition No.4771 of 2006 inter alia prayed for a direction to the Chancellor to institute an inquiry under Section 11 of the Maharashtra Agriculture Universities (Krishi Vidyapeeth) Act, 1983 in regard to the illegalities and irregularities committed in the selection and consequent appointments against the vacancies referred to above. By an Order dated 21st April, 2007 passed by the High Court in the said petition, the Chancellor was directed to take a decision in the matter on or before the 14th August, 2007. Two other writ petitions were similarly filed before the High Court of Nagpur challenging the selection and appointment process. In writ petition No.342 of 2006 filed by Shri H.S. Bache, the High Court passed an interim order to the effect that the selection of the candidates shall remain stayed subject to the further orders of the Court. Writ Petition No.905 of 2006 filed by Archana Bipte and another also assailed the validity of the selection and appointment process undertaken by the University on several grounds.

16) Preparation of the minutes of various meetings of the Selection Committee were not recorded faithfully and confirmed by its other members. The proceedings/minutes of the meetings of the Selection Committee were probably prepared after the appointment orders were issued on 16.09.2005 and 17.09.2005.

18) The Reservation policy of the Government was not followed by the University. Reservations of the posts for backward classes (social/ vertical reservation) were not made according to their prescribed percentage as per the relevant GRs. of the State Government.

21) The routine procedures for making appointment in the university was not followed in the appointments made to the posts of SRA and JRA. In the report it is concluded that the entire selection process and selection of the candidates to the posts of SRA and JRA is vitiated by the illegalities, irregularities and improprieties and therefore the appointments made pursuant thereto, need to be set aside.

We shall deal with the question ad seriatim.

communicate to the Executive Council the views of the Chancellor and call upon the Executive Council to communicate to the Chancellor through him its opinion thereon within such time as may have been specified by the Chancellor. If the Executive Council communicates, its opinion within the specified time limit, after taking into consideration that opinion, or where the Executive Council fails to communicate its opinion in time, after the specified time limit is over, the Chancellor may proceed and advise the Executive Council upon the action to be taken by it, and fix a time limit for taking such action (4) The Executive Council shall, within the time limit so fixed, report to the Chancellor through the Vice-Chancellor the action which has been taken or is proposed to be taken on the advice tendered by him.

(8) The Executive Council shall furnish to the State Government such returns or other information with respect to the property or activities of the University as the State government may from time to time require“.

Provided that, before making any such order, he shall call upon the officer or authority to show cause why such an order should not be made, and if any cause is shown within the time specified by him in this behalf, he shall consider the same.

22. We see no error of law in the view taken by the High Court to warrant our interference. Question No. 4 is accordingly answered in the negative.

26. In the result, the appeals fail and are hereby dismissed but in the circumstances without any order as to costs. We however direct that the University-respondent shall take necessary steps for constituting the Selection Board in terms of Section 58 of the Act as amended by Maharashtra Act No. XXXII of 2013 and advertise the vacancies currently available, together with the posts that are presently held by the appellants for recruitment in accordance with the procedure that may be prescribed in accordance with law. The entire process shall be completed by the University within six months. The appellants shall also be allowed to apply and participate in the selection process against the vacancies so advertised in relaxation of the upper age limit prescribed for such recruitment. For a period of six months or till the process of selection and appointment based on the selection process is completed by the respondent, whichever is earlier, the appellants shall be allowed to continue in service on the same terms as are currently applicable to them. In case any one of the appellants is selected by the new selection process, he shall be granted benefit of continuity of service. But such of the appellants who do not compete for the selection or are not selected for the posts that may be advertised shall stand ousted from service on completion of the period of six months hereby granted. No costs.