Document Fragment View
Fragment Information
Showing contexts for: selection process completed in Dr. C. M. Ravi Kumar vs The Vice Chancellor on 21 June, 2019Matching Fragments
d) Issue a direction to the University it shall not hold interviews for filing up of the posts mentioned in the above notification being in violation of the statutes framed by the University.
e) Pass such other order or orders as deems fit by this Hon'ble Court in the interest of justice and equity."
3. In the guise of implementing Karnataka State Civil Services (Unfilled vacancies reserved for the persons belonging to the Schedule Castes and Scheduled Tribes) (Special Recruitment) Rules, 2001 (hereinafter referred as "Rules, 2001") issued under the Sub Section 1 of Section (3) read with Section 8 of the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990) notified on 21.11.2001, respondent No.4- University notified various vacancies including Professor in Civil Engineering which is the issue involved in the present writ petition. Such notification was issued on 21.03.2018 while fixing the last date as 23.04.2018, there was a delay in completing the process of selection and appointment to various posts including Professor in Civil Engineering. Delay is on account of litigations before this Court. Ultimately, Registrar of Bengaluru University has given an undertaking while filing counter affidavit in CCC.No.147/2019 on 08.03.2019 to the extent that process of selection and appointment would be completed on or before 30.04.2019. In terms of undertaking contempt proceedings in CCC.No.147/2019 was dropped. Undisputedly, Respondent-University has not completed the process of selection and appointment of various posts pursuant to the advertisement issued on 21.03.2019 including the post of Professor in Civil Engineering. Interview notice in respect of Civil Engineering was notified on 30.05.2019. The petitioner, being aggrieved by the issuance of interview notice to the impleaded respondent- Sri.Jayaramappa,
9. Respondent-University advertised for various posts including Civil Engineering on 21.03.2019 while fixing the last date for submission of application as 23.04.2019. The contention of the petitioner is that process of selection and appointment pursuant to the advertisement dated 21.03.2018 is required to be completed on or before 22.04.2019 in terms of Clause 7 read with Sub Clause d(16) of Bangalore University Statute. No doubt, aforesaid Clauses prohibits or stipulates that process of selection to various posts in the University is required to be completed within one year from the date of fixing last date.
11. In the counter affidavit, University has given an undertaking that the process of selection would be completed on or before 30.04.2019. In CCC.No.147/2019 with reference to counter affidavit filed by the University, contempt proceedings was dropped while recording the counter affidavit that the University would be completing process of selection on or before 30.04.2019. In that view, matter was pending before this Court, question of completing process of selection or adhering to Clause 7 read with Sub Clause d(16) of the statute would not be a hurdle for the reasons process of recruitment is under Rules, 2001. Moreover, after disposal of contempt matter dated 08.03.2019, further there is delay in adhering to the undertaking given in the counter affidavit in contempt matter for the reasons that Board of appointment required to be constituted by the various professors from different universities who are otherwise, busy in Loksabha Elections in the month of April and May, 2019. It is to be noted that above clauses set in the statute would not be hurdle for the completion of selection and appointment process pursuant to the advertisement dated 21.03.2018 read with Rules, 2001. Rules 2001 is a Special Rules where there is no time limit for process of selection and appointment, apparently, for the reasons that title of the Rules itself is 'unfilled vacancies referred for Scheduled Caste and Scheduled Tribes' which is a special recruitment issued under the Karnataka State Civil Service Act, 1978 by invoking sub Section (1) (3) read with Section 8 of the Act, 1978. In view of these facts and circumstances, the petitioner's contention that respondent-University cannot go ahead with the process of selection pursuant to the advertisement dated 21.03.2018 beyond one year is hereby rejected. Insofar as the contention of the petitioner that respondent-University has not adhere to the norms for awarding marks to various education qualification like Degree, Post Graduation are concerned it is on merit since the process of selection is at the stage of holding interview to the petitioner and others including respondent Nos.4 to 11. Thus, petitioner's grievance is in respect of any anomaly in awarding marks is to be considered, it is a pre-mature. In view of these facts and circumstances, petitioner has not made out a case so as to interfere with the notice interview dated 20.05.2019. Lapse on the part of respondent- university is taken note off insofar as not implementing Special Rules, 2001, even after 18 years from the date of issuing Special Rules, 2001. Supreme Court in the case of Superintending Engineer, Public Health, U.T.Chandigarh and others V/s. Kuldeep Singh and Others reported in (1997) of SCC 199 at paragraphs 5 and 6 held as under:
Provided that before making such a declaration, a reasonable opportunity shall be given to the persons who are likely to be affected thereby.
(4) On the failure of the admission authority or appointing authority to offer satisfactory justification, the authorized officer may take steps to prosecute such admission authority or appointing authority."
14. Since the date of interview was 30.05.2019, it was stalled by this Court in the present petition at the time of Admission. Therefore, respondent-University is hereby directed to fix the date of interview afresh within one week from the date of receipt of this order and further complete the selection process within a period of three weeks. For the reasons that University has already violated their own undertaking given in the counter affidavit which was taken into consideration by this Court in CCC.No.147/2019, while dropping the contempt proceedings.