OSMANLA UNIVERSITY Vs. N VENKATA RAO

JUDGEMENT

(1.) First and fourth respondents have filed the writ appeals aggrieved by the order of the single Judge in allowing the writ petition filed by the petitioner therein to declare the selection of the fourth respondent as Professor in Geophysics as illegal, arbitrary and violative of Article 14 of the Constitution and to consequently direct the first respondent to conduct fresh selections as per rules. For the purpose of convenience, we will refer to the parties as arrayed in the writ petition.

(2.) The petitioner and the fourth respondents were working as Readers in the Department of Geophysics of Osmania University. The petitioner passed M.Sc Tech. in Geophysics in 1968 and was appointed as Lecturer in Geophysics in Osmania University in the year 1973. He was conferred with the Doctorate Degree in Geophysics in the year 1977 and in 1979 he was appointed as Reader in Geophysics. The case of the petitioner is that the fourth respondent has passed only M.Sc., Geology and possessed the Doctorate Degree in Geology and was appointed as Lecturer in Geology in 1971. He was promoted as Reader in Geophysics on 7-3-1979, on the same day on which the petitioner was promoted. The contention of the petitioner is that the fourth respondent does not possess Doctorate Degree in Geophysics and so is ineligible for selection to the post of Professor in Geophysics.

(3.) The Registrar of Osmania University invited applications through advertisement No. 2/88 dated 11-2-1989 for filling up various posts by direct recruitment and in Group-II (Sciences) notified one post of Professor of Geophysics. We are not concerned with the advertisement in relation to other subjects. The requisite qualifications for appointment of Professor are that one should possess a Doctorate degree in the concerned subject and should be an eminent scholar with published work of high quality actively engaged in research, ten years of experience of teaching and research at post Doctorate level. Six persons including the petitioner and the fourth respondent applied for the post of Professor in Geophysics. Fourth respondent was possessing Doctorate degree in Geology and others were possessing Doctorate degree in Geophysics. Five candidates were called for interview and the petitioner and fourth respondent were interviewed on 22-4-1989. On the basis of recommendation of the selection committee and approval of the Executive Council, fourth respondent was appointed as Professor in Geophysics by orders dated 6-6-1989. The petitioner filed the writ petition before issuance of appointment orders. .