Probe: GS princi Khandait’s appointment as teacher not as per norms

Nagpur: The three-member fact-finding panel has found that the appointment of GS College of Commerce and Economics principal NY Khandait as senior college lecturer 25 years ago “suffers from legal infirmities” while Nagpur University (NU) officials and the college committed irregularities in the process.
Based on the report, vice chancellor SP Kane has ruled out any action against Khandait citing the findings that “it would be most inequitable if the service of Khandait are distrusted after heavy passage of time”.
The panel has also given a clean chit to Khandait in the MPhil case which was clubbed with the appointment row. The panel said the complainant failed to submit sufficient proof to corroborate his allegations that Khandait committed fraud on the university in pursuing full-time MPhil while being in-service at the college.
The panel comprising NU’s Babasaheb Ambedkar College of Law principal Shrikant Komawar, CP&Berar principal Milind Barahate and Deputy registrar Raman Madne conducted the inquiry at a snail’s pace before submitting the 20-page report to the VC on February 4.
Kane had reluctantly set up the panel on June 5 last year following instructions from Governor Ch Vidyasagar Rao, who is also chancellor of state public universities. On March 31, 2018, former GS College lecturer Neeraj Vyas had written to the chancellor regarding Khandait’s alleged illegal appointment in 1993. Meanwhile, on April 26, another former lecturer Dyaneshwar Dongre filed a complaint regarding Khandait’s MPhil which too was referred to the Komawar panel.
The VC took over a month to go through the 20-page report before forwarding it to the governor on March 19. After this, complainant Vyas had to wait for another month before a copy of the panel report was handed over to him on April 24 in response to his RTI query.
Both, Vyas and Dongre were baffled with the VC’s stand to not take action on the premise that the issue was being raised after “heavy passage of time” and that “Khandait had rendered satisfactory service to the college” leading to his promotion as principal.
In his letter to the governor, Kane stated that no credible evidence was found in the complaint of Dongre. “As far as the complaint of Vyas is concerned, the committee has recorded categorical finding that the continuation in service of Dr Khandait and grant of approval by university was not justified. The committee found flaws in the decision of the college as well as procedural irregularity in grant of approval by university,” Kane wrote.
He also stated that the college should have advertised the post once the lien vacancy became the clear vacancy which didn’t happen. The university granted approval to Khandait’s continuation as a special case. “Therefore, the appointment of Dr Khandait as senior college lecturer seems to suffer from legal infirmities,” Kane’s letter reads.
Ruling out action, Kane wrote that Khandait was only a beneficiary of “the wrongful acts of the college and university authorities” and that he cannot be held responsible.
PANEL FINDINGS
* Khandait not guilty of committing any fraud on the university in taking admission for MPhil course in NU department of English while he was working as Jr college lecturer
* No illegality had occurred in the appointment of Khandait as sr college lecturer in GS College against lien vacancy
* Khandait fulfilled requirement of minimum educational qualifications and appointment and its approval by university as per terms specified in ad for lien vacancy
* Continuation in service after expiry of lien period and its approval by then VC as special case find no legal support in Nagpur University Act 1974
* No legal support in Statute 53 and statute 8 of 1979 laid down for appointment of teachers in affiliated colleges
* Continuation in service beyond lien period not justified as Khandait was not qualified