Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Associate Professor and Assistant Professor - Service Law- Selection Process I Procedure- For the positions of Professor |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law — Selection Process / Procedure — For the positions of Professor, Associate Professor and Assistant Professor - Appellant-institute issued advertisement — Several persons including respondent No.1 submitted applications — Selection Committee conducted interviews and recommended a panel of five names. Thereafter, Executive Council by Order dated 14.8.2006 approved the appointment of various persons — Since the Institute had advertised for three posts, the first three i.e. respondent nos. 2, 3 and 4 were initially approached for the post of Associate Professor— Respondent No.1 challenged the decision dated 14.8.2006 inter alia on grounds that the selection was not done strictly as per the qualifications mentioned in the advertisement; and that there was infraction of the recruitment rules — Single Judge of the High Court dismissed the writ petition inter alia on grounds that there was no discrepancy with regard to the qualification mentioned in the advertisement and the service rules; and that respondent No.1 having taken part in the selection process without raising any objection cannot challenge the selection process after being declared unsuccessful — Division Bench of High Court reversed the order passed by the Single Judge — Held: The contention of the respondent no.1 that the short-listing of the candidates was done by few professors bypassing the Director and the Chairman does not appear to be correct from perusal of the documents on record ~ Decision of the Academic Authorities about the suitability of a candidate to be appointed as Associate Professor in a research institute cannot normally be examined by the High Court under its writ jurisdiction — Having regard to the fact that the candidates so selected possessed all requisite qualifications and experience and, therefore, their appointment cannot be questioned on the ground of lack of qualification and experience — Division Bench of High Court ought not to have interfered with the decision of the appellant-institute in appointing respondent nos. 2 to 4 on the post of Associate Professor — Be that as it may, respondent no. 1, without raising any objection to the alleged variations in the contents of the advertisement and the Rules, submitted his application and participated in.the selection process by appearing before the Committee of experts — It was only after he was not selected for appointment, turned around and challenged the very selection process — The question as to whether a person who consciously takes part in the process of selection can turn around and question the method of selection is no longer res integra — Taking into consideration the entire facts of the case and the law laid down by Supreme Court in a catena of decisions, it is clear that the Division Bench committed grave error in law by reversing the order passed by the Single Judge — Madras Institute of Development Studies (MIDS) Faculty Recruitment Rules, 2001. |
Judge | Hon'ble Mr. Justice M.Y. Eqbal |
Neutral Citation | 2015 INSC 590 |
Petitioner | Madras Institute Of Development Studies And Another |
Respondent | Dr. K. Sivasubramaniyan And Others |
SCR | [2015] 14 S.C.R. 276 |
Judgement Date | 2015-08-20 |
Case Number | 6465 |
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