VIJAYSHREE SABARAD NEE PATIL Vs. GULBARGA UNIVERSITY

JUDGEMENT

(1.) PETITIONER is an aspirant for the post of lecturer in Kannada, advertised for being filled up by the first respondent gulbarga University in terms of the notification dated 23-6-2001 (Annexure-N) and who in fact is not selected, but the fourth respondent in this writ petition having been selected, quite naturally, being disappointed feeling aggrieved, has come up with this writ petition, questioning the legality of the selection of the fourth respondent contending, inter alia, that the procedure adopted by the selection committee for selecting the most suitable candidate or more meritorious candidate is not a fair or proper procedure; that the method of awarding marks as adopted by the selection committee based on external factors also, vitiates the selection; that the selection committee has not made a proper selection on applying an objective criterion and a uniform method; that the selection of fourth respondent is an act which should be characterized as arbitrary, discriminatory, mala fide, biased etc. , violative of Articles 14, 16 (1) and 21 of the Constitution of India, etc.

(2.) IN substance, the writ petitioner has challenged the appointment order dated 8-8-2001 (Annexure-Q to the writ petition) issued by the first respondent-university in the name of fourth respondent, which has snuffed out the aspirations of the petitioner. It is not only for quashing the appointment order in favour of the fourth respondent, but also for issue of a writ of mandamus to order the university to appoint the petitioner to the post, this writ petition is filed.

(3.) GULBARGA University - the employer- figures as first respondent, State of karnataka figures as second respondent, Prof. M. V. Nadkarni, the then vice-chancellor of the university figures as third respondent and the selected candidate himself being the fourth respondent to this writ petition.