S VIRUPAKSHAIAH Vs. CHANCELLOR BANGALORE UNIVERSITY

JUDGEMENT

(1.) The petitioner was one of the applicants to the posts advertised by the University for Bangalore 2nd respondent herein. The post to which he applied for was of Lecturer in Social Work. The University had called for applications to the post by its notification as long before as 30.4.77.

(2.) The petitioner was called for interview by the Board of Appointment of the 2nd respondent University. The petitioner was one of the three selected Mo the post of lecturer for Social Work. The recommendation of the Board of Appointments was forwarded to the Chancellor as required under sub-sec. (6) of S. 49 of the Karnataka Universities Act, 1976 (hereinafter referred to as the 'Act'). The Chancellor instead of according approval to the appointment made by the Board of Appointments withheld the approval and ordered re-advertisement of the posts for fresh recruitment. But the petitioner was not aware of the same. In spite of repsesentation made to the 2nd respondent-University on more than one occasion he was not informed as to what had happened to the recommendation made by the Boasd of Appointments. In the result, he has approached this Court under Art. 226 of the Constitution of India for redress inter-alia praying that a writ of mandamus may issue to respondents to appoint the petitioner who has been placed at the top of the list of selected candidates for the post in question by the Board of Appointments. After calling for the proceedings of the Board of Appointments the Writ Petition was listed for hearing. Statements of objections have been filed by the respondents.

(3.) While there is no dispute in regard to the essential facts of the case, the sum and substance on which the respondents resist the petition is that the Chancellor-1st respondent has exercised his power under sub-section(6) of S. 49 of the Act in withholding approval or not according approval to the appointment recommended by the Board of Appointments on the sole ground that the petitioner does not possess the qualification prescribed for the post.