Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | MAHARASHTRA AGRICULTURE UNIVERSITY ACT 1983ss. 6 11 and 15 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | MAHARASHTRA AGRICULTURE UNIVERSITY ACT, 1983: ss. 6, 11 and 15 - Power of Chancellor to appoint Committee to inquire into illegalities and irregularities in selection and appointment of Senior Research Assistants and Junior Research Assistants - HELD: Inquiry directed by Chancellor into illegalities and irregularities of selection process in appointment of Senior and Junior Research Assistants was legally permissible - Exercise of such power is not subject to any limitation or impediment because the power is vested in a high constitutional functionary who is expected to exercise the same only when such exercise becomes necessary to correct aberrations and streamline administration so as to maintain the purity of the procedures and process undertaken by the University in all spheres dealt with by it. ss. 11 and 15 - Report of Justice Dhabe Committee that entire selection process was vitiated by illegalities, irregularities and improprieties and, therefore, appointments made need to be set aside - Accepted by Chancellor and appointments cancelled - Compliance of principles of natural justice - Held: Justice Dhabe Committee had issued notices to the appointees who had in tum responded to the same - Therefore, it cannot be said that principles of natural justice were violated by the Committee especially when no prejudice is demonstrably caused to petitioners on account of procedure which the Committee followed in concluding the enquiry proceedings - Further, in compliance with orders passed by Chancellor, Vice Chancellor of University issued notices to appointees calling upon them to appear before him for a personal hearing in support of their selection and appointment as SRAs/JRAs -- The appointees filed their responses in required format - They were also given an opportunity of being heard by Vice Chancellor - Thus, Vice Chancellor had acted fairly, and fully complied with principle of natural justice - No further hearing was required to be repeated by Chancellor, who had before him the recommendations of Executive Committee and Vice Chancellor and took a final view of the matter having regard to the totality of circumstances - Continuance in office of those selected by means that are not fair, transparent and reasonable will amount to perpetuating the wrong - Therefore, appointments were rightly set aside by Chancellor- Directions give for constituting of Selection Board in terms of amendment Act 32 of 2013 and for selection afresh giving age relaxation to appellants, and on their selection to give them benefit of continuity of service - Service law - Administrative law - Principles of natural justice - Audi alteram partem. |
Judge | Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2014 INSC 247 |
Petitioner | Hitendra Singh S/o Bhupendra Singh & Ors. |
Respondent | Dr. P. D. Krishi Vidyapeeth By Reg. & Ors. |
SCR | [2014] 4 S.C.R. 717 |
Judgement Date | 2014-04-04 |
Case Number | 1-35 |
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