Case Note & Summary
The judgment concerns two writ petitions filed by S.R. Phal (since deceased, represented by legal heirs) and Vinayak J. Kamat challenging an order dated 13.07.2005 passed by the Chancellor of Goa University. The Chancellor had set aside the appointment of respondent no.3, Ganadhish Vinayak Keni, as a Lower Division Clerk in the University, on the ground that the appointment was not in conformity with the Goa University Act, 1984. The petitioners, who were employees of the University, argued that the Chancellor lacked the power to annul the appointment and that the Executive Council had the authority to make such appointments. The respondents, including the University and the Chancellor, contended that the Chancellor's order was valid under Section 10(7) of the Act, which empowers the Chancellor to annul any proceeding of the University that is not in conformity with the Act, Statutes, or Ordinances. The court examined the scope of the Chancellor's powers and held that the Chancellor had the jurisdiction to pass the order. Additionally, the court noted that the petitioners did not have locus standi to challenge the appointment as they were not applicants for the post and were not directly aggrieved. The court dismissed both writ petitions, upholding the Chancellor's order.
Headnote
A) University Law - Chancellor's Powers - Section 10(7) of Goa University Act, 1984 - The Chancellor has the power to annul any proceeding of the University which is not in conformity with the Act, Statutes, or Ordinances. The Chancellor's order dated 13.07.2005 setting aside the appointment of respondent no.3 as Lower Division Clerk was held to be within his jurisdiction. (Paras 1-10)
B) Service Law - Locus Standi - Third Party Challenge - Petitioners, who were not applicants for the post, challenged the appointment of a candidate. The court held that they lacked locus standi as they were not aggrieved persons. (Paras 11-15)
C) University Law - Appointment - Executive Council's Power - The Executive Council of Goa University had the authority to make appointments under the Act. The Chancellor's interference was justified as the appointment was made without following proper procedure. (Paras 16-20)
Issue of Consideration
Whether the Chancellor of Goa University has the power under Section 10(7) of the Goa University Act, 1984 to set aside the appointment of a Lower Division Clerk made by the Executive Council, and whether the petitioners have locus standi to challenge such order.
Final Decision
Both writ petitions are dismissed. The Chancellor's order dated 13.07.2005 is upheld.
Law Points
- Interpretation of Section 10(7) of Goa University Act
- 1984
- Scope of Chancellor's powers
- Maintainability of writ petition against Chancellor's order
- Locus standi of third parties in service matters
Case Details
2015 LawText (BOM) (09) 99
Writ Petition No. 255 of 2006 and Writ Petition No. 482 of 2006
Mr. D. B. Ambekar for petitioners in WP 255/2006, Mr. M. S. Joshi for petitioner in WP 482/2006, Mr. M. Salkar for respondent nos.1,1A, Mrs. A. Agni with Ms. K. Govenkar for respondent no.2
S. R. Phal (since deceased, represented by legal heirs) and Vinayak J. Kamat
H.E. The Governor and Chancellor of Goa University, Government of Goa, Executive Council of Goa University, and Ganadhish Vinayak Keni
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petitions challenging the order of the Chancellor of Goa University setting aside the appointment of a Lower Division Clerk.
Remedy Sought
Petitioners sought quashing of the Chancellor's order dated 13.07.2005 and restoration of the appointment of respondent no.3.
Filing Reason
Petitioners alleged that the Chancellor exceeded his powers under Section 10(7) of the Goa University Act, 1984 in annulling the appointment made by the Executive Council.
Previous Decisions
The Chancellor passed an order on 13.07.2005 setting aside the appointment of Ganadhish Vinayak Keni as Lower Division Clerk.
Issues
Whether the Chancellor has the power under Section 10(7) of the Goa University Act, 1984 to annul the appointment of a Lower Division Clerk made by the Executive Council?
Whether the petitioners have locus standi to challenge the Chancellor's order?
Submissions/Arguments
Petitioners argued that the Chancellor's order was without jurisdiction as the Executive Council had the authority to make appointments and the Chancellor could only annul proceedings that were not in conformity with the Act, Statutes, or Ordinances.
Respondents contended that the Chancellor's order was valid under Section 10(7) and that the petitioners lacked locus standi as they were not applicants for the post.
Ratio Decidendi
The Chancellor of Goa University has the power under Section 10(7) of the Goa University Act, 1984 to annul any proceeding of the University which is not in conformity with the Act, Statutes, or Ordinances. The petitioners, not being applicants for the post, lack locus standi to challenge the appointment.
Judgment Excerpts
The Chancellor has the power under Section 10(7) of the Goa University Act, 1984 to annul any proceeding of the University which is not in conformity with the Act, Statutes, or Ordinances.
The petitioners have no locus standi to challenge the appointment as they were not applicants for the post.
Procedural History
The Chancellor of Goa University passed an order on 13.07.2005 setting aside the appointment of Ganadhish Vinayak Keni as Lower Division Clerk. Aggrieved, S.R. Phal filed Writ Petition No. 255 of 2006 and Vinayak J. Kamat filed Writ Petition No. 482 of 2006 before the High Court of Bombay at Goa. The petitions were heard together and dismissed on 16.09.2015.
Acts & Sections
- Goa University Act, 1984: Section 10(7)
