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        2025 (4) TMI 1525 - HC - Indian Laws

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        Mandatory Selection Committee composition under statute renders any deviation invalid and void, with the selection process set aside. Where a statute mandates the composition of a Selection Committee for appointment of a Vice-Chancellor, the authority must comply strictly with that ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                            Mandatory Selection Committee composition under statute renders any deviation invalid and void, with the selection process set aside.

                            Where a statute mandates the composition of a Selection Committee for appointment of a Vice-Chancellor, the authority must comply strictly with that prescribed constitution. The High Court noted that Section 24 required specified participation, including the Director General, ICAR, and the Committee notified in the matter did not conform to the statutory scheme. Because the Committee was constituted in breach of the Act, every action taken by it in the selection process lacked legal validity. The impugned selection process was therefore illegal, void and unenforceable, and all consequential action was set aside.




                            Issues: Whether the constitution of the Selection Committee for appointment of the Vice-Chancellor was in accordance with Section 24 of the governing Act, and whether any action taken pursuant to a constituted in breach of that provision was valid.

                            Analysis: Section 24 required the Vice-Chancellor to be appointed by the Chancellor on the recommendation of a Selection Committee consisting of a nominee of the Chancellor, the Director General, Indian Council of Agricultural Research, and the Chairman, University Grants Commission or his nominee. The statutory scheme made the composition of the Committee mandatory, and the Committee had to be constituted in the manner prescribed by the Act. The Committee notified in the present matter did not conform to that composition, as the mandatory participation of the Director General, ICAR, was not reflected in the manner required by the statute. Once the constitution of the Committee was contrary to the Act, every action taken by such body in furtherance of the selection process lacked legal validity.

                            Conclusion: The constitution of the Selection Committee was illegal and any process initiated by it was void and unenforceable.

                            Final Conclusion: The writ petition succeeded and the selection process based on the impugned Committee was set aside, with all consequential action also falling.

                            Ratio Decidendi: Where a statute prescribes the composition and mode of constitution of a selection body in mandatory terms, the authority must act strictly in that manner, and any action taken by a committee constituted in deviation from the statute is a nullity.


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                            ActsIncome Tax
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