AVATAR SINGH Vs. CHAUDHARY CHARAN S AGRI UNIVERSITY

JUDGEMENT

(1.) An advertisement was made by the first-respondent, Chaudhary Charan Singh Agricultural University (hereinafter referred to as 'the University') to fill up one post of Vegetable Botanist. The requisite qualifications for the same are as under :

(2.) The appellant was one of the persons who had applied for the said post. The Selection Committee constituted by the University selected two candidates, namely, Dr. K. S. Baswana and Avtar Singh, the appellant. The Selection Committee noticed as regard the appellant that he may not possess the necessary experience gained before obtaining the M.Sc. Degree and the question of his fulfilling the prescribed academic qualifications was left open. The University, however, constituted a three-member Review Committee to review the appointment of the appellant as Olericulturist. After going through the details of the case, it observed that the appellant lacked in required experience when the post of Vegetable Botanist was advertised. According to them his experience with M/s. Kirloskar was not of teaching/research/extension. Although several attempts were made to recommend the name of the appellant to the post in question, the Board of Management ultimately on 25-3-1996 rejected such recommendation in view of their resolultion made on 4-10-1993 in which they stated that the appellant does not possess the required experience. He thereafter made a representation to the Chancellor of the University who again asked the Board of Management to reconsider the matter and the matter was reconsidered by the Board of Management but unless the relaxation was given in respect of certain aspects of the qualifications, it was stated that the appellant would not be eligible to be appointed. Thereafter, as nothing seems to have been done at that stage, the appellant approached the High Court with a writ petition.

(3.) The High Court after having examined the matter, noticed that the appellant has not done M.Sc. and Ph.D. with specialisation in vegetable breeding and he does not fulfil the requirement of five years' experience. On that basis, it dismissed the writ petition. Hence this appeal by special leave.