SARASWATHI Vs. UNIVERSITY OF MYSORE

JUDGEMENT

(1.) "the best is being rejected" is the oft-repeated complaint in all walks of life in our society. The omission to select the alleged best is the substance of the complaint in these petitions.

(2.) THE petitioners in these petitions challenge the appointment of the second respondent in the first two petitions, who is also the third respondent in the last petition, as a reader in jainology and prakrit in manasa gangothri, university of mysore, more or less on the same grounds. That, in view of the settled legal position the question for consideration of this court, in these petitions is, not to identify as to who is the best among the petitioners and the second respondent, but to decide, whether the authority vested with the power to make selection of a teacher in the university, has followed the procedure prescribed, in the matter of appointment of the second respondent as a reader in the department of jainology and prakrit, manasa gangothri, university of mysore, mysore.

(3.) IT is well-settled that, it is not the function of the court, tohear appeals over the decisions of the selection committees and to scrutinise the relative merits of the candidates but to examine, whether the selection committee has acted fairly and justly, in the process of selection. The decision of the selection committee can be interfered with only on limited grounds, such as illegality or patent material irregularity in the constitution of the committee or its procedure vitiating the selection or proved mala fides affecting the selection.