B NAGAPPPA Vs. UNIVERSITY OF MYSORE

JUDGEMENT

(1.) The appellant herein was an applicant for the post of Deputy Librarian in the University of Mysore (hereinafter referred to as the 'Univer- sity') . His application was placed before a Committee appointed by the Syndicate of the University for its consideration. The said Committee appears to have recommended that the appellant may be appointed as the Deputy Librarian. When the report of the Committee was received by the Syndicate, the Syndicate rejected the said recommendation and resolved that the post should be re-advertised and fresh applications should be called lor. Aggrieved by the said resolution of the Syndicate, the appellant filed Writ Petition No. 1871,1973 on the file of this Court for the issue of a writ in the nature of mandamus directing the appointing authority functioning under the Mysore University Act, 1956 (hereinafter referred to as the 'Act'), to appoint him as the Deputy Librarian. The learned Judge who heard the writ petition dismissed it. Aggrieved by the said order of the learned Judge, the appellant has filed this appeal.

(2.) Shri S. K. Venkataranga lyengar, learned Counsel for the appellant and Shri V. Tarakaram learned Counsel for the University, have taken us through the relevant provisions cf the Act and the Rules framed under S.26(1) of the Act (hereinafter referred to as the 'Rules') . S.26(1) of the Act which provides for the appointment to the staff of the University states that such appointments shall be made, in accordance with the Rules made by the Chancellor in consultation with the Syndicate. In exercise of the, power conferred on the Chancellor by sub-sec. (1) of S.26, the Chancellor has framed the Rules known as the Mysore University Staff Appointment Rules, 1864. Under the said Rules, the post cf a Deputy Librarian can be filled up either by promotion or by direct recruitment. The relevant part of the Rules reads as follows : " 50 per cent by promotion from among Assistant Librarians Grade I on the basis of Seniority and 50 per cent by direct recruitment."

(3.) The appellant applied to the University to, be appointed as Deputy Librarian by the method of direct recruitment. Rule 2(c) of the Rules states that " Direct Recruitment" in relation to any post means appointment otherwise than by promotion, transfer or deputation from another service. Rule 4(i) sets out the manner in which direct recruitment to the Univrsity staff can be made. It reads as follows :