R NAGARAJU Vs. UNIVERSITY OF MYSORE

JUDGEMENT

(1.) The petitioner who was an applicant for selection and appointment as Lecturer in Sociology (for M.S W.) in the service of the University of Mysore, has prayed for the issue of a writ of mandamus directing the 2nd respondent, the Chancellor University of Mysore, to appoint him to the post in accordance with the selection made by the Board of Apppintment constituted under S. 49 (2) (b) of the Karnataka State Universities Act, 1976 (hereinafter referred to as the Act).

(2.) The faqts of the case, in brief, are as follows : The University of Mysore invited applications for one post of Lecture in Sociology (for MSW) by an advertisement dated 18th August 1979. The petitioner was one of the applicants. He was interviewed by the Board of Appointment constituted under S. 49 (2) (b) of the Act. He was selected by the Board for the post. S. 49 (6) of the Act provides that the Chancellor shall appoint a person to the post to which he is selected by the Board. The Chancellor has, however, declined to make the appointment and directed that the post be readvertised. Aggrieved by the refusal by the Chancellor to appoint the petitioner inspite of his selection for the post by the Board of appointment, the petitioner has presented this writ petition

(3.) The scope of the power of the Chancellor to decline to appoint a person selected by the Board of Appointment was the subject matter of decision in the case of Venkataratnam v. Chancellor, University of Mysore (1). The relevant portion of the judgment is contained in para-9. It reads-