HC: Rajan Welukar was considered due to ‘non-application of mind’

Having minimum five research publications after PhD, in international peer reviewed journals that are reference for studies in higher education, is one of the criterion for being shortlisted for the post of Mumbai University V-C. The same was a subject matter of the PILs filed by Nitin Deshpande, Vasant Ganu Patil and a petition filed by A D Sawant, one of the contenders for the post. The PILs challenged Welukar’s appointment in July 2010, with his five-year term set to expire in July 2015.

On August 10, 2011 a bench of Chief Justice Mohit Shah and Justice G Godbole gave a split verdict. The matter was referred to Justice S J Vazifdar, who on February 22, 2012 agreed with Justice Godbole, but could not decide on the issue. On May 11, 2012, the matter was referred to a bench headed by Justice P V Hardas to decide on the two questions formulated in reference to the order in 2011.

While the first question was over the decision of the Governor-appointed selection committee to include Welukar’s name in the list of eligible candidates, the second question dealt with exercise of extra ordinary jurisdiction by the HC to direct the search committee to reconsider Welukar’s eligibility in case the answer to the first question was in the affirmative.

The HC said, “We answer the reference in the affirmative, in respect of the two points referred to us. We direct the registry to place the matter before the original bench presided over by the Chief Justice.”

Welukar said he did not wish to comment on the issue Prior to the appointment of Welukar as vice chancellor on July 7, 2010, the post had been lying vacant since September 2009.The first committee, which was constituted under the chairmanship of eminent professor Andre Beteille, and subsequently dissolved, had prepared a shortlist that did not include Welukar’s name. That shortlist included Abhay Pethe (the then head of economics department at Mumbai University), Suhas Pednekar (Ruia College principal), Chandra Krishnamurthy (the then acting vice chancellor of Mumbai University), R K Shevgaonkar (the then deputy director of IIT Bombay) and Nilima Kshirsagar (former dean of KEM Hospital).

After Welukar’s appointment, senior academicians of had also questioned the quality of research publications enlisted by Welukar in his CV. The CV of Welukar and others shortlisted had been obtained through an RTI application by a Delhi-based activist in 2010 and the academicians alleged that Welukar, who has listed around 12 research publications, had included two which were yet to be published and a third was a paper he was still working on at the time.

“The opinion of court is being misquoted by the petitioner. The court has categorically said that the court cannot interfere in the opinion of the expert and therefore the search committee may be asked about their opinion about condition number three of the eligibility criteria. The court has agreed and accepted that Dr Welukar qualifies seven out of eight conditions,” said MU Registrar M A Khan.

“I respect the court’s stricture. It is very unfortunate for the students of MU. We will consult the state advocate general,” said Higher and Technical Education Minister Vinod Tawde.

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