SARASWATHI Vs. UNIVERSITY OF MYSORE

JUDGEMENT

(1.) ON 8-2-1993 the university of Mysore invited applications in eight sets to fill up certain posts in different departments, namely professors, readers and lecturers. The appellants, Dr. Saraswathi and subha chandra and the second respondent, Dr. Padma shekar filed applications as candidates for the post of reader in jainology. The second respondent was selected as reader in the department of jainology which was challenged by the appellants herein before this court in Dr. Saraswathi and another v university of Mysore and another. The learned single judge has dismissed the writ petitions upholding the appointment of the second respondent as reader in the department of jainology and prakrit. The said order is now challenged before us.

(2.) THE learned counsel for the appellants Sri padmarajaiah has raised two valid grounds before us. According to him the very Constitution of board of selection under Section 49 to fill up the post of reader was contrary to the Provisions of Section 49 of the Karnataka state universities Act, 1976 (hereinafter referred to as the "act" ).

(3.) TO substantiate his case, he contends that as required under Section 49 of the act there were no experts either in jainology or in prakrit. Therefore, the very Constitution of board of selection was bad in law.