PADMA BAI PUSHPANADAN Vs. BANGALORE UNIVERSITY

JUDGEMENT

(1.) The petitioner is a lecturer in Botany in Central College Bangalore. She was an applicant along with respondents 2 to 4 and some others to the post of a Reader in Botany in Bangalore University. All the applicants including the petitioner and "respondents 2 to 4 who were found eligible for the said post were interviewed by the Board of Appointments appointed under S.28 of the Bangalore University Act (hereinafter "referred to as the Act). The Board of Appointments recommended respondents. 2, 3 and 4 in the order of preference for being appointed to the post of Readers in Botary in the University. On the basis of the recommendation of the. Board of Appointments the Syndicate of the University which is the appointing authority appointed respondents 2 & 3 as Readers in Botany by its order dt.24-4-1.971. Aggrieved by the appointment of respondents 2 and 3, the petitioner filed a petition before the Chanoellor.

(2.) The Chancellor rejected it. Hence this petition. The petitioner has prayed for the issue of a writ or order or direction to the University quashing the orders of appointment issued to respondents 2 and 3 on the following grounds :

(3.) Sri B. T. Parthasarathy the learned Counsel for the petitioner" contended'relying upon sub-sec. (2) of S.28 of the Act that one of the experts viz., Dr. Dhyanasagar of the Institute of Science of Bombay who acted as one of the members of the Board of Appointments was connected with the Bangalore University in the capacity of a member of a Board of Examiners and therefore he was ineligible to function as a member of the Board of Appointmsnts, The relevant portion of sub-sec. (2) of S.28 of the Act reads as follows : The argument urged on behalf of the petitioner before me is that since Dr. Dhyanasagar had functioned as an examiner in one of the subjects previously he could not be considered as a person unconnected with the University. Emphasis is placed on the words not connected with the University appearing in clause (ii) of sub-sec. (2) of S.28 of the Act in support of this contention.