KUMAR BAR DAS Vs. UTKAL UNIVERSITY

JUDGEMENT

(1.) The appellant, Dr. Kumar Bar Das has filed this appeal against the judgment of the High Court of Orissa dated 30-9-1993 in O.J.C. No. 1910 of 1990. By that judgment, the High Court dismissed the said writ petition filed by the appellant challenging the orders of the Chancellor of the Utkal Unviersity dated 21-5-1990. The Chancellor, by the said order, had set aside the appointment of the appellant dated 3-2-1990 as Professor of Economics (State Bank of India Chair) (hereinafter called SBI Chair), holding that the recommendation of the Selection Committee dated 29-2-1984 was invalid. The said order was passed by the Chancellor on a representation filed by the 5th respondent, Dr. (Mrs.) Bedabati Mohanty. The Chancellor, after setting aside the appointment of the appellant further directed that the Vice-Chancellor/Syndicate shall re-advertise the post and conduct the selection afresh to fill up the vacancy to the post of Professor (SBI Chair). The 5th respondent, being aggrieved by the order of the Vice-Chancellor dated 21-5-1990 in so far as it directed re-advertisement, filed O.J.C. No. 2144 of 1990. The High Court, by the same common judgment, while upholding the order of the Chancellor to the extent it set aside the appointment of the appellant allowed the 5th respondent's writ petition O.J.C. No. 2144 of 1990 and directed that she, being the next person in the panel prepared by the Selection Committee, be appointed as Professor of Economics (State Bank of India Chair).

(2.) The appellant, therefore, filed a separate S.L.P. (Civil) No...... (CC 7855 of 1998) questioning the judgment of the High Court dated 30-9-1993 in O.J.C. No. 2144 of 1990 to the extent it set aside the orders of the Chancellor directing 're-advertisement' and directing the appointment of the 5th respondent. There is also an application for condonation of delay. In that S.L.P. notice had not been issued but it has been posted before us.

(3.) The facts of the case are as follows. The State Bank of India (hereinafter called the 'SBI') created an Endowment for creation of a Chair called "State Bank Chair in Rural Economics" , with an investment of Rs. 6 lakhs in favour of the Utkal University so that with the interest accruing from the said amount, the salary of a professor and 2 Research Associates to the Chair, could be met. We are not concerned with the various terms of the endowment except those relating to the selection and appointment of the Professor and a few other relevant provisions. It is stated in Clause 2 of the amendment that the main objective of the endowment is 'to promote research' in the applicability in the field of Rural Economics which can be utilised for development of rural and tribal areas. Clause 13 of the endowment is titled 'Emphasis on Research' and states that as the main objective in creating the Chair is to promote research in the fields mentioned above, the professor's teaching and other assignments in the University shall be such as to provide him sufficient time for independent research. Clause 14 is titled 'Selection of topics of Research' and states that the topics for research work to be undertaken by the Chair will be selected in consultation with the Bank. Thus, the emphasis for the Chair is mainly 'research' in Economics.