Dr. Bhikshu Satyapala v. UOI & Ors

order as to costs.

S. RAVINDRA BHAT

(JUDGE)

S.P. GARG (JUDGE)

JULY 12, 2013

Page 1 * IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON: 23.05.2013 PRONOUNCED ON: 12.07.2013 % LPA 464/2000 + DR. BHIKSHU SATYAPALA ..... Appellant Through: Mr. Ravi Shankar Kumar with Ms. Joyoti Kundu Goyal, Advocates. versus UNION OF INDIA & ORS. ..... Respondents Through: Mr. Rajeeve Mehra, ASG with Mr. Ruchir Mishra and Mr. Mukesh K. Tiwari, Advocates for UOI. Mr. Devender Singh, Advocate for Resp-2. Mr. Dushyant Parashar for Mr. Suryakant, Advocate for Resp-3. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE S.P. GARG MR. JUSTICE S.RAVINDRA BHAT 1. The present appeal is directed against the judgment and order of a learned single judge, dismissing WP 3914/2000. In the writ petition, the selection and appointment of the third respondent to the post of Director, Nava Nalanda Mahavihara had been questioned by the Appellant (hereafter "the petitioner"). 2. The brief facts necessary to decide this appeal are that an advertisement was issued on 17th May 1999, inviting eligible Page 2 candidates to apply for the said post of Director of the Nava Nalanda Mahavihara. It is common ground that the petitioner applied; so did other candidates, including the third respondent. 3. The relevant eligibility conditions in respect of the post of Director are extracted below: "(4). Academic and other qualifications: (1) Essential: Consistently good academic records and possessing eminent scholarship in Pali and Buddhism with the Degree of Doctrate with ability to conduct and guide original research work (2) Published research work of high merit. (3) At least ten years teaching experience of Post Graduate classes, guiding research work and administrative experience in a recognized institution. Desirable: should have fair acquaintance of Buddhist philosophy and History. (4) Age: Below 55 years" 4. The petitioner, the third respondent and several candidates applied for the post. The petitioner was working as Head of Department of Buddhist Studies in Delhi University; he was 50 years of age, and had an M.Phil degree in his favour. In addition, the petitioner cites a number of distinctions and achievements by him in respect of Pali language, studies and research. Those details have been extracted in the writ petition. The petitioner also submits that he has excellent academic credentials, having secured the highest achievements, and obtained gold medals etc. The petitioner had also contended that apart from the fact that he was the best suited candidate, the third respondent did not fulfil the prescribed eligibility Page 3 conditions. In this regard, it had been averred that the said respondent - who was ultimately selected and appointed to the post - lacked the minimum qualifications and what is more did not have the experience in guiding or supervising research scholars. The petitioner had also alleged that the third respondent had not effected any significant publication much less of importance and that as between the claims of both to be appointed, his (the petitioner's) was superior. It was pleaded in the proceedings before the learned Single Judge that even though the Selection Committee conducted a formal interview, yet it overlooked vital and material facts which rendered the application of third respondent unworthy of consideration. Consequently, submitted the appellant, the appointment itself was contrary to law. 5. A learned Single Judge of this Court dismissed the petition. The impugned order of the Single Judge is extracted below: - "Learned counsel for the Petitioner claims that his client is better qualified than Respondent No.3. It is not possible for me to compare the qualifications of the Petitioner vis-a-vis Respondent No.3 for appointment to the post of Director, Nava Nalanda Mahavihara, Nalanda (Bihar). There is no assertion pointed out to me to the effect that Respondent No.3 is not qualified to be appointed to that post. Dismissed." 6. Learned counsel for the petitioner reiterated the submissions made in