‘Amongst the senior faculty members’ does not mean senior-most faculty member, rules HC

In a detailed order, Justice Sharma observed that the petition, moved by Dr Rakesh Kumar Kapila, a professor at the University, lacked merit.

The phrase — “amongst the senior faculty members of the University” — does not mean the senior-most faculty member, the Himachal Pradesh High Court ruled while dismissing a petition challenging the appointment of an officiating Vice-Chancellor at Chaudhary Sarwan Kumar (CSK) Himachal Pradesh Agriculture University, Palampur.

A bench of Justice Sandeep Sharma led that Section 24(5) of the Himachal Pradesh University of Agriculture, Horticulture and Forestry Act, 1986 gives the Chancellor discretion to appoint any senior faculty member as officiating V-C during a temporary vacancy. The court held that there was no legal infirmity or arbitrariness in the decision taken by the Chancellor in appointing Dr Ashok Kumar Panda as the officiating V-C.

In his petition, Kapila had contended that being the senior-most faculty member, he should have been given the temporary charge of V-C instead of respondent No. 4, who was junior to him. He challenged the Chancellor’s decision under Section 24(5) of the HPU of Agriculture, Horticulture and Forestry Act, 1986.

The Court examined the interpretation of the phrase “amongst the senior faculty members of the University” used in Section 24(5) of the Act. Justice Sharma held that the expression does not mean “the senior-most faculty member” but grants the Chancellor discretion to appoint any one from among the senior faculty members. The court noted that had the legislative intent been to mandate appointment of the senior-most faculty member, the statute would have explicitly used those words, as has been done in other provisions such as appointments to the post of Dean of Colleges.

The court also upheld the Chancellor’s discretion while safeguarding the petitioner’s right to fair consideration for regular appointment through the selection committee process.