Case Note & Summary
The petitioner, Dr. Suresh Govindrao Borkar, a Head of Department at Mahatma Phule Krishi Vidyapeeth, Rahuri, filed a writ petition challenging the appointment of Respondent No.4, Dr. K.P. Viswanatha, as Vice Chancellor of the university. The petitioner was one of the candidates shortlisted for the post. The appointment was made by the Chancellor (Governor of Maharashtra) without constituting a Search Committee as required under Section 12 of the Maharashtra Agricultural Universities (Krishi Vidyapeeth) Act, 2015. The petitioner sought a writ of quo warranto to quash the appointment and a writ of mandamus directing his own appointment. The court examined the statutory provisions, particularly Sections 12 and 14 of the Act, which prescribe the procedure for appointment of Vice Chancellor. Section 12 mandates that the Chancellor shall appoint the Vice Chancellor on the recommendation of a Search Committee consisting of a nominee of the Chancellor, a nominee of the State Government, and a nominee of the University. The court found that no such Search Committee was constituted, and the appointment was made directly by the Chancellor without any recommendation. The court held that the provision is mandatory and the appointment was illegal and void ab initio. Consequently, the court issued a writ of quo warranto quashing the appointment of Respondent No.4. However, the court declined to issue a writ of mandamus directing the appointment of the petitioner, as the entire selection process was vitiated. Instead, the court directed the respondents to initiate a fresh selection process in accordance with the Act. The judgment was pronounced on 20th December 2017 by a division bench of Justices R.M. Borde and A.M. Dhavale.
Headnote
A) Constitutional Law - Writ of Quo Warranto - Appointment of Vice Chancellor - The court examined the legality of the appointment of Respondent No.4 as Vice Chancellor, which was challenged on the ground that it was made without constituting a Search Committee as required under Section 12 of the Maharashtra Agricultural Universities (Krishi Vidyapeeth) Act, 2015. The court held that the appointment was illegal and void ab initio, and issued a writ of quo warranto. (Paras 1-20) B) Service Law - Appointment - Statutory Compliance - Section 12 of Maharashtra Agricultural Universities (Krishi Vidyapeeth) Act, 2015 - The court interpreted Section 12, which mandates that the Chancellor shall appoint the Vice Chancellor on the recommendation of a Search Committee. The court held that the provision is mandatory and not directory, and any appointment made without following this procedure is invalid. (Paras 10-15) C) Constitutional Law - Writ of Mandamus - Appointment of Petitioner - The petitioner sought a writ of mandamus directing his appointment as Vice Chancellor. The court held that since the selection process was vitiated, the petitioner cannot claim a right to be appointed, and the remedy is to direct the respondents to initiate a fresh selection process. (Paras 16-20)
Issue of Consideration
Whether the appointment of Respondent No.4 as Vice Chancellor of Mahatma Phule Krishi Vidyapeeth, Rahuri, is valid in law, having been made without constituting a Search Committee as mandated under Section 12 of the Maharashtra Agricultural Universities (Krishi Vidyapeeth) Act, 2015, and whether the petitioner is entitled to a writ of quo warranto and mandamus.
Final Decision
The court allowed the writ petition in part. It issued a writ of quo warranto quashing the appointment of Respondent No.4 as Vice Chancellor. The court directed the respondents to initiate a fresh selection process for the post of Vice Chancellor in accordance with the Maharashtra Agricultural Universities (Krishi Vidyapeeth) Act, 2015. The prayer for writ of mandamus directing appointment of the petitioner was rejected.
Law Points
- Writ of Quo Warranto
- Appointment of Vice Chancellor
- Search Committee
- Statutory Interpretation
- Section 12 of Maharashtra Agricultural Universities (Krishi Vidyapeeth) Act
- 2015
- Section 14 of Maharashtra Agricultural Universities (Krishi Vidyapeeth) Act
