Case Note & Summary
The case involves four writ petitions filed by the State of Maharashtra and its instrumentalities challenging the common order dated 30-01-2020 passed by the Maharashtra Administrative Tribunal (MAT), Nagpur Bench. The Tribunal had allowed Original Applications filed by the respondents (Santosh Khadse, Mrunal Joharapurkar, Deepali Vyawahare, Kishor Ingale, Prafulla Nayse, Pankaj Itkelwar, and Chetan Jagtap) challenging their non-appointment as Assistant Professors in Government Art Colleges. The respondents had applied for the posts advertised in 2018-2019 but were not selected, allegedly due to irregularities in the selection process. The Tribunal quashed the selection process and directed the State to reconsider the appointments in accordance with law. The State, in its petitions, argued that the selection process was valid and complied with UGC Regulations, 2018 and Maharashtra Government Rules. The respondents contended that the Selection Committee was not properly constituted as per UGC Regulations, which require the presence of a nominee of the Vice-Chancellor, and that the quorum was not complete. They also argued that the reservation roster for direct recruitment was not followed. The High Court analyzed the UGC Regulations, 2018, particularly Regulation 7.3.0 which mandates the composition of the Selection Committee for Assistant Professors, including a nominee of the Vice-Chancellor. The court found that the Selection Committee did not include such a nominee, and the quorum was not met. Additionally, the court noted that the reservation roster was not adhered to. The court held that the appointments made without following the prescribed procedure were void ab initio and the Tribunal's order was correct. The court dismissed all four writ petitions, upholding the Tribunal's decision to quash the selection process and directing the State to conduct a fresh selection in accordance with law.
Headnote
A) Service Law - Appointment - Selection Committee Composition - UGC Regulations, 2018 - Maharashtra University Act, 1994 - The court examined whether the Selection Committee for appointing Assistant Professors in Government Art Colleges was properly constituted as per UGC Regulations and Maharashtra Government Rules. The court held that the presence of a nominee of the Vice-Chancellor was mandatory and the absence of such nominee vitiated the selection process. (Paras 10-15) B) Service Law - Quorum - Selection Committee - UGC Regulations, 2018 - The court considered the requirement of quorum for a valid Selection Committee meeting. It held that the quorum was not complete as the nominee of the Vice-Chancellor was absent, rendering the selection invalid. (Paras 16-20) C) Service Law - Reservation Roster - Direct Recruitment - Maharashtra Government Resolution dated 15-06-1995 - The court examined whether the selection process adhered to the reservation roster for direct recruitment. It found that the roster was not followed, leading to violation of reservation policy. (Paras 21-25) D) Service Law - Appointment - UGC Regulations, 2018 - The court held that the appointments made without following the prescribed selection procedure were void ab initio and the Maharashtra Administrative Tribunal correctly set aside the appointments. (Paras 26-30)
Issue of Consideration
Whether the selection and appointment of respondents as Assistant Professors in Government Art Colleges were valid in light of non-compliance with UGC Regulations, 2018 and Maharashtra Government Rules regarding composition of Selection Committee, quorum, and reservation roster.
Final Decision
The High Court dismissed all four writ petitions, upholding the order of the Maharashtra Administrative Tribunal. The court directed the State to conduct a fresh selection process in accordance with law.
Law Points
- UGC Regulations
- 2018
- Maharashtra University Act
- 1994
- Maharashtra Government Resolution dated 15-06-1995
- Selection Committee Composition
- Appointment of Assistant Professor
- Quorum
- Reservation Roster
- Direct Recruitment
- Promotion
- Service Law
