Shimla, July 10
In a landmark decision the Himachal Pradesh High Court annulled the appointments of two Associate Professors in the Mathematics Department of Himachal Pradesh University. The case, Dr. Rajesh Kumar Sharma vs. Himachal Pradesh University and Others, highlighted significant procedural irregularities and conflicts of interest in the selection process.
Dr. Rajesh Kumar Sharma, the petitioner, challenged the appointments on grounds of eligibility and procedural misconduct. He argued that the selected candidates were not qualified for the positions as per the norms established by the Himachal Pradesh University Act, 1970, and related statutes. Additionally, Dr. Sharma contended that the appointments were influenced by nepotism, as the spouses of the selected candidates were already employed by the university.
The court found that the Executive Council of the university had unlawfully delegated its power of appointment to the Vice Chancellor. According to the court, this delegation violated Section 12-C of the Himachal Pradesh University Act, which clearly states that the Vice Chancellor does not have the authority to appoint teaching staff, either ordinarily or in an emergency. The Executive Council’s action was deemed “per se bad in law” as it conflicted with the Act’s provisions .
Justice Ajay Mohan Goel, presiding over the case, emphasized that the appointments were made through a “colourable exercise of power.” The court did not delve into the individual eligibility of the private respondents or allegations of plagiarism, to avoid any prejudicial impact on their future career prospects. Instead, it directed the university to re-advertise and fill the positions strictly according to legal and procedural requirements .
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