01Facts
Pondicherry University’s 29 October 2019 notification invited applications for an OBC-reserved Assistant Professor post in Performing Arts, identifying “Stage Craft and Backstage Techniques” as the specialisation.
pp. 2–4 · ¶ 1, 3After interviews on 8 June 2023, respondents 4 and 5 were selected.
pp. 2–4 · ¶ 1, 3The petitioner challenged their selection, contending that they lacked the specified specialisation and that the Selection Committee lacked experts in Drama, the relevant subject.
pp. 2–4 · ¶ 1, 3The University maintained that the specialisation was desirable, the candidates were qualified, and the Committee complied with UGC guidelines.
pp. 5–6 · ¶ 4The Court found that the petitioner and the selected candidates were qualified to participate, but that none of the three experts was from Drama: one was from Music and two from Dance.
pp. 8–10, 12–15 · ¶ 10–13, 1802Issues
i.Whether “Stage Craft and Backstage Techniques” was an essential qualification that excluded candidates without that specialisation.
pp. 7–9 · ¶ 8–12ii.Whether the Selection Committee was invalidly constituted because it did not include experts in the concerned subject, Drama.
pp. 10–11, 13–16 · ¶ 13–16, 18iii.Whether the petitioner was barred from challenging the Committee’s composition because he had participated in the interview.
p. 14 · ¶ 1603Law Applied
Under Ordinance 19, clause 7 of the Pondicherry University Act, the Selection Committee for an Assistant Professor must include three experts in the concerned subject, nominated from a panel approved by the Executive Council.
p. 10 · ¶ 13The Court relied on The Registrar v. N. Mani, W.A. No. 2136 of 2025, for the principle that a selection may be set aside when the Selection Committee’s composition is flawed.
pp. 11–12 · ¶ 14It also relied on Mandeep Singh v. State of Punjab, SLP (C) No. 23141 of 2024, for the principle that a prescribed procedure must be followed in the prescribed manner.
p. 12 · ¶ 14While Tajvir Singh Sodhi v. State of Jammu and Kashmir, (2023) 17 SCC 147, cautions that courts should not reassess expert evaluations absent proven malfeasance or violation of statutory rules, the Court distinguished a challenge to the Committee’s composition from a challenge to its assessment of candidates.
pp. 12–14 · ¶ 15–16Provisions in the judgment · 1 · Linked ones open on LawLens
Pondicherry University Act, 1985 Section 7
04Reasoning
The notification did not define “relevant subject” or state that Stage Craft and Backstage Techniques was an essential eligibility requirement.
pp. 7–9 · ¶ 9–12The petitioner and the selected candidates held relevant Drama qualifications; the Court therefore treated the stated specialisation as desirable, not as a basis for excluding the selected candidates.
pp. 7–9 · ¶ 9–12However, the University’s own courses and the post’s context established Drama as the concerned subject, while the Committee had experts only from Music and Dance.
pp. 10, 14–15 · ¶ 13, 18Because Ordinance 19, clause 7 required experts in the concerned subject, the Committee was improperly constituted.
pp. 10, 14–15 · ¶ 13, 18The petitioner’s participation did not prevent the challenge: candidates would learn the experts’ identities only at the interview.
p. 14 · ¶ 16The defect concerned compliance with the prescribed composition, not judicial review of the experts’ assessment.
pp. 13–16 · ¶ 16–1905Holding
The Court held that the petitioner and respondents 4 and 5 were qualified to participate, but the Selection Committee was flawed.
pp. 15–16 · ¶ 18–20It set aside the selection of respondents 4 and 5 and remitted the matter for fresh interviews of all candidates who participated previously, before a Committee constituted in compliance with Ordinance 19, clause 7.
pp. 15–16 · ¶ 18–20The University was directed to complete the interviews within four weeks and appoint the newly selected candidates within a further four weeks.
pp. 15–16 · ¶ 18–20Respondents 4 and 5 were permitted to continue in their posts until then.
pp. 15–16 · ¶ 18–20The writ petition was allowed, with no order as to costs.
pp. 15–16 · ¶ 18–20Original Court PDF
DR. L. BINU KUMARvsTHE VICE CHANCELLOR
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