J ASHOKA Vs. UNIVESITY OF AGRICULTURAL SCIENCES BANGALORE

JUDGEMENT

(1.) IN this writ petition, the petitioner is challenging the appointment of the 3rd respondent to the post of Assistant Professor of Sericulture. The 1st respondent-University has appointed respondent 3 herein vide order dated 22-5-1999 as Assistant Professor. Petitioner has sought for a declaration that he is entitled to be appointed to the post of Assistant professor of Sericulture under the general merit quota and a direction be issued to appoint him as such.

(2.) THE facts which are essential for the disposal of the case can be set out as under: by a Notification dated 14-8-1995, applications were invited by the respondent-University to fill up the vacancy in the post of Assistant professor of Sericulture. Petitioner who holds a Master's Degree in agriculture, i. e. , M. Sc. (Agri.) from the University of Agricultural science, Dharwad and who has been working as Assistant Professor of sericulture in the University of Agricultural Science at Dharwad since 1991 applied for the post. The third respondent herein was also one of the applicant along with others. The Selection Committee constituted for the purpose prepared a panel of candidates in the order of merit and recommended their names for selection. In the said list the name of the petitioner was at SI. No. 1 while that of the others namely, Sri R. Narasimharaju, Dr. K. C. Narayanaswamy and the third respondent Dr. (Mrs.) Fathima Sadathulla were placed at SI. Nos. 2, 3 and 4 respectively. The Board of Regents selected the third respondent and one Dr. K. C. Narayanaswamy for the post of Assistant Professors of sericulture. Petitioner who was placed at SI. No. 1, along with one R. Narasimharaju, whose name was shown at SI. No. 2 in the list recommended by the Selection Committee approached this Court by filing Writ Petition Nos. 6360 and 6361 of 1996. The said writ petition was allowed on 13-8-1996 holding that the Board of Regents has not exercised its power in a reasonable manner as it did not assign any reason for preferring respondent 3 and another candidate Dr. K. C. Narayanaswamy who were placed below in the select list. Thus, while setting aside the appointment of the two candidates made on 18-12-1995 a direction was issued to the respondent-University to reconsider the case of the petitioners therein and as also that of the other two candidates, viz. , Dr. (Mrs.) Fathima Sadathulla, the third respondent herein and Dr. K. C. Narayanaswamy. However, as Dr. (Mrs.) Fathima sadathulla (the third respondent herein) had been continued in service in the University she was ordered to be continued until the matter was considered afresh and if the University could find a way out to accommodate her either in the existing vacancy or by creating one they were given liberty to do so. This direction was issued to enable the 5th respondent therein to continue in the service of the University. As the fourth respondent Dr. KG. Narayanaswamy had not joined the service despite his appointment, it was held that his case need not be reconsidered. The petitioners in the said writ petitions viz. , Sri J. Ashoka (petitioner herein) and Sri R. Narasimharaju were directed to be absorbed straightaway in service. The respondent-University preferred a writ appeal against the said order. The Division Bench of this Court by order dated 16-2-1999 passed in W. A. Nos. 8289 and 8290 of 1996 allowed the appeal in part. While directing the appellant-University to reconsider the case of Sri J. Ashoka and R. Narasimharaju along with dr. K. C. Narayanaswamy and Dr. (Mrs.) Fathima Sadathulla for appointment to the post of Assistant Professor of Sericulture in the light of the recommendation made by the Selection Committee in accordance with law, it was directed that the services of Dr. (Mrs.) Fathima sadathulla, the third respondent herein shall be continued till fresh appointment orders were issued. The directions issued by the learned single Judge to absorb the petitioner herein and to accommodate Dr. (Mrs.) Fathima Sadathulla either in the existing vacancy or by creating one came to be set aside. The Division Bench agreed with the finding recorded by the learned Single Judge that the selection of Dr. (Mrs.)Fathima Sadathulla and Dr. K. C. Narayanaswamy by the Board of regents in preference to Sri J. Ashoka and Sri R. Narasimharaju without assigning any reasons offended Articles 14 and 16 of the constitution of India and therefore the appointments made were liable to be quashed.

(3.) PURSUANT to the directions issued by this Court, the Board of regents has reconsidered the matter on merits on 30-3-1999 and has resolved to select afresh the third respondent Dr. (Mrs.) Fathima sadathulla as Assistant Professor of Sericulture. It is useful to extract the resolution passed which is at item No. 2-D of the Minutes of 271st (Spl.) Meeting of the Board of Regents held on 26th and 27th March, 1999, copy of which is produced at Annexure-H.