Mohammed Inam Qadir Matiur Rehman ... vs Jamia Millia Islamia And Ors.
1993 Latest Caselaw 595 Del

JUDGMENT

D.P. Wadhwa, J.

(1) Rule D.B. Since the issue involved is very short we propose to dispose of these petitions at this stage itself.

(2) The petitioners in these two petitions challenge the appointment of the sixth respondent Mr. A. Waris as Deputy Registrar of the Jamia Millia Islamia, a university constituted under the Jamia Millia Islamia Act, 1988. In both the petitions there are eight respondents. The petitioners say they were eligible to the post of Deputy Registrar but their candidature was ignored and sixth respondent selected in contravention of the rules.

(3) An advertisement appeared in the daily Hindustan Times, Delhi Edition, of 9 May 1991. This was issued by the Jamia Millia Islamia (for short 'the university') inviting applications for various posts in 24 categories in the university as mentioned in the advertisement. Some of the posts were teaching posts and some administrative posts. For various posts certain essential qualifications and desirable qualifications were mentioned. The advertisement said that relaxation in any of the desirable qualifications could be made on the recommendations of the selection committee. One of the three notes appeared at the end of the advertisement was that knowledge of Urdu was essential qualification for all non-teaching posts. Where in a particular post there were no desirable qualifications required only essential qualifications were mentioned. In the case of Deputy,, Registrar which post is in the grade of Rs.3,700-5,700 qualifications mentioned were :- (1)A post-graduate degree with at least 55% marks or its equivalent grade. (2) 8 years' experience as a Lecturer in a College or University with experience in educational administration, Or Comparable experience in a research establishment and other institution of higher education,OR 8 years'administrative experience as Assistant Registrar Or in a post carrying a pay scale of Rs.2200-4000."

(4) The sixth respondent is not having a post graduate decree with at least 55% of marks or its equivalent grade. He is only B.A.

(5) There is no dispute as to the composition of the selection committee which has been constituted as per the Act of the university. Minutes of the selection committee have been brought on record. These are dated 3 January 1992. As to how the considerations went into to select the sixth respondent, the extract of the relevant minutes is as under :- SI. Post & Deptt. Grade No.of Name of Pay Nature Remarks No. posts selected with of candidate admissible appoint- allowances. 2. Deputy Registrar Rs.3,700- (1) Mr.A.Waris As per Probation Relaxation of Registrar's 5700 (B.A.) Jamia postgraduate Office.Jamia Rules degree due to Millia Islamia. long years of service in Jamia and performance ininterview.

(6) If we see the rules which have been reproduced above the selection of the sixth respondent is parse illegal. It is sought to be justified on the ground that relaxation was not permissible at the stage of advertisement and at that time also it could not be anticipated. It is stated that "relaxation factor emerged at a particular stage before the duly constituted Selection Committee which duly selected the respondent No.6". Then it is said that the sixth respondent was duly selected "on the basis of his 31 years of flawless record of service in Jamia inclusive of 22 years and 6 months as Section Officer and 6 years and 4 months of administrative experience as Assistant Registrar and also in a post carrying the pay scale of Rs.2200-4000 in Jamia and above all his performance in the interview which in every respect was the best and far superior to that of the petitioner(s)". Then the petitioners themselves are sought to be given a poor picture vis-a-vis the sixth respondent. We are .certainly not concerned with this aspect of the matter. The only issue before us is if the selection of the sixth respondent is as per the prescribed rules. In the counter-affidavit the respondent university appears to be justifying the selection of the sixth respondent on the grounds which do not find mention even in the minutes of the selection committee. As to how many marks were given in the interview, we are unable to decipher. The selection committee was not competent to relax the qualification of the candidate of having a post graduate decree. The act of the selection committee is arbitrary. It is unjust, unfair as well.

(7) Mr. Qamaruddin for the university sought to submit that this Court cannot go into the selection process and select any other candidate than the sixth respondent. That would appear to be quite correct. It is rather unfortunate that the university is trying to justify a stand which is palpably wrong. The petitions are, therefore, allowed. Selection of the sixth respondent as Deputy Registrar of the Jamia Milia Islamia is set aside. The respondent university shall proceed to select a candidate to this post in accordance with the rules. Petitioners will be entitled to costs. Counsel fee Rs.2,500.00 . Rule is made absolute.