New Delhi: The Supreme Court on Monday declined to entertain the appeal filed by the former vice chancellor of Madurai Kamaraj University, Chelladurai, challenging the Madras HC verdict quashing his appointment.
A Bench of Justices A.K. Sikri and Ashok Bhushan, after hearing counsel for the parties at length, dismissed the appeal observing that there is no merit. In view of the dismissal there is no impediment for the appointment of a new vice chancellor. In the last hearing on July 23, the court while allowing the process of selection to go on, restrained the state from appointing a new person to succeed Chelladurai.
On June 14 the high court set aside the appointment of Chellathurai while allowing a petition filed by M. Lionel Antony Raj challenging his appointment on the ground of violation of procedure. The high court agreeing with the petitioner held that there is a clear violation of statute of Madurai Kamaraj University Act. 1965 and more importantly, such violation pertains to the selection process and procedure.
Senior counsel Mukul Rohatgi, appearing for the petitioner contended that the HC order was erroneous as it was against the various decisions of the Supreme Court. He argued that there are no materials to suggest the appellant's involvement in the criminal case, which was foisted on him falsely and the investigation report had given him a clean chit.
The high court erred in not appreciating that the scope of writ of quo warranto is very limited and that the court ought not to get into suitability or what weighed in the minds of the persons responsible for selection. He said once the search committee recommends a panel to the chancellor, the committee becomes functus officio.
The members of the search committee, thereafter, cannot be heard to contend that the process of selection is improper or anything contrary to the recommendations made therein. Rohatgi said that the function of selection committee comes to an end when the process of selection is completed. It is not a bonafide act for the members of the committee to say, after the selection, that he/she had overlooked certain qualifications.
