M KIRAN BABU Vs. GOVT OF A P

JUDGEMENT

(1.) (agreeing with SEETHARAM REDDY, J.):- This Writ Petition has been posted before me on a difference of opinion arising between two learned members of a Division Bench. The issue upon which the two learned Judges differed is undoubtedly of great significance, besides being a difficult one.

(2.) (A) The three-year term of Prof. M. V. Rama Sarma, Vice-Chancellor of Sri Venkateswara University, expired on 26-9-1983. A successor had to be found. For that purpose, a Committee consisting of a nominee of the Chancellor, a nominee of the State Government, and a nominee of the Syndicate was constituted, as required by S. 12 of the Sri Venkateswara University Act, 1954. The Syndicate nominated Dr. P. Siva Reddy, while the Government nominated Sri Kasipandyan, I.A.S., Secretary to Government, Panchayati Raj Department. Sri M. V. Rajagopal, I.A.S. (Retd.), a former Vice-Chancellor of Jawaharlal Nehru Technological University and a former Secretary to Government, Education Department, was nominated by the Chancellor. Sri Kasipandyan was made the Convenor of the Committee. The Committee met and, by its proceedings dt. 6-12-1983, recommended a panel of three names for consideration and appointment as Vice-Chancellor. The three names recommended were: (1) Sri I. J. Naidu, I.A.S., (Retd.), former Chief Secretary to the Government of Andhra Pradesh and Advisor to the Governor of Tamil Nadu; (2) Prof. G. N. Reddy, a Member of the Syndicate of Sri Venkateswara University; and (3) Sri Sheik Mowla, I.A.S., (Retd.), Registrar, A. P. Agricultural university, and former Joint Director of Public Instruction.

(3.) The note-file placed before me shows that, the Government recommended the appointment of Sri I. J. Naidu, but, when the matter came up before the Chancellor (the Governor of Andhra Pradesh), he called for the big-data of the three individuals, included in the panel, on 6-3-1984, which was accordingly supplied. On 2-5-1984 the Council of Ministers met and considered, among other matters, the one relating to the appointment of Vice-Chancellor of this University, and unanimously resolved to request the Governor/Chancellor to agree to the recommendation already made by the Government. However, on 3-5-1984, the Chancellor passed the following order: