CHANCELLOR Vs. SHANKAR RAO

JUDGEMENT

(1.) The first respondent had applied for the post of Reader in the Postgraduate Department of Hindi at the Gulbarga Centre of the Karnataka University, Dharwad pursuant to an advertisement dated 9/3/1979/4/4/1979. The name of the first respondent was recommended by the Board of Appointment constituted by the University. The Chancellor, however, rejected the nomination of the first respondent on the following ground:

(2.) This rejection was the subject-matter of challenge before the High court. The High court has held that the rejection by the Chancellor of the recommendation of the Board of Appointment was not valid since he could not sit in judgment over the merits of the selection made by the Board and take a view contrary to the view taken by the Board regarding the suitability of the candidate. Aggrieved by this decision of the High court, the present appeal has been filed. At the time when the special leave was granted, the then Advocate General for the State had submitted that since this case involves a question of principle as to the powers of the Chancellor under the Explanation to Ss. (6 of Section 49 of the Karnataka State Universities Act, 1976 and the question is of frequent occurrence, it requires to be settled by this court. He had also given an undertaking that the appointments of the respondents concerned, as per the directions of the High court, would be made irrespective of the result of this appeal. This is recorded in our order of 10/11/1986. In view thereof, the only question which requires consideration is the extent of the powers of the Chancellor under the Explanation to Section 49 (6 of the Karnataka State Universities Act, 1976.

(3.) Under Section 49 Ss. (1 there shall be a Board of Appointment for selecting persons for appointment as Professors, Librarians, Readers and Lecturers in the university. Ss. (2 deals with the composition of the Board. Under Ss. (6 it is provided as follows: