Split verdicts speak volumes
for judicial independence: Chief Justice
TNN |
Updated: Jun 24, 2018, 05:35 Times of India 23.06.2018
Madras High Court Chief Justice
said yesterday, "As far as Judges are concerned they become fungus officio
after the judgment. There is no scope for a Judge to explain the judgment.
Instead the judgment speaks for the judge. "
Madras High Order Setting Aside MKU VC Appointment
But Madras
High Court failed to recognise that the lawfully constituted
Vice Chancellor Search Committee of Madurai Kamaraj University became functus offico
the moment it submitted a unanimously shortlisted Panel of 3 names to
Governor/Chancellor. There's no scope for Committee Members express dissent over the selection
of person/persons in the panel. That being the legal position, how is it that
the High Court Bench comprising of the Chief Justice and Justice M. Sundar set
aside appointment of MKU VC on the untenable ground of certain wrong
& mischievous statements made by Search Committee Members in their
affidavits filed in the Writ Petition against appointment of MKU VC after
they became functus officio. The judges held that the MKU VC
appointee possessed required qualifications & did not suffer
from any other disqualification or deficiency.
The Court conveniently traversed towards a trivial and irrelevant terrain
of alleged deficiency in the process of short listing of the panel of 3 names
for the purpose of setting aside the appointment, which issue has been settled
by the Supreme Court that Search Committee Members cannot revenge or go back
their decisions as it would force the selected persons to be at the mercy of the
Search/Selection Committee Members.
