Case: J.Ashoka Vs. University of Agricultural Sciences and Ors

(a) Vide Notification dated 14.08.1995, the University of Agricultural Sciences, Bangalore advertised 3 (three) posts of Assistant Professors in Sericulture. Out of the three vacancies, one was reserved for scheduled caste; one for scheduled tribe and the third in favour of general merit candidate. The minimum qualification prescribed for the post was Masters Degree in the concerned subject. The appellant herein, a post-graduate in Agriculture from the University of Agricultural Sciences, Dharwad applied for the said post as a general merit candidate. The appellant herein was called for an interview along with the otherThe Selection Committee, after considering the qualification, experience and the publications to the credit of each of the candidates, prepared a Select List wherein Shri J. Ashoka-the appellant herein was placed at Serial No. 1 and Shri R. Narasimharaju, Shri K.C. Narayanaswamy and Dr. Fathima Sadathulla were placed at Serial Nos. 2, 3 and 4The Select List was forwarded to the Board of Regents of the University for issuing appropriate appointment orders. The Board of Regents prepared a separate list selecting Shri K.C. Narayanaswamy (Serial No. 3 in the Select List) for the post available under the General Category and Dr. Fathima Sadathulla (Serial No. 4 in the Select List) under the roster ofBeing aggrieved by the appointment, as aforesaid, the appellant herein and Shri R. Narasimharaju (Serial No. 2 in the Select List) preferred Writ Petition Nos. 6360-6361 of 1996 before the High Court of Karnataka at Bangalore. Learned single Judge of the High Court, by order dated 13.08.1996, allowed the writ petitions while setting aside the order of the Board of Regents with a direction to the University to reconsider the case of the appellant herein in the light of the recommendations made by the Selection Committee. However, learned single Judge further directed to accommodate Dr. Fathima Sadathulla (Serial No. 4 in the Select List) either against any existing vacancy or by creating a newAggrieved by the order dated 13.08.1996, the University filed Writ Appeal Nos. 8289-8290 of 1996 before the Division Bench of the High Court. The Division Bench of the High Court, by order dated 16.02.1999 partly allowed the appeals by setting aside the order passed by learned single Judge only in respect of Dr. Fathima Sadathulla (Serial No. 4 in the Select List) that the candidate may be accommodated against any existing vacancy or by creating a new vacancy. However, Dr. Fathima Sadathulla was permitted to continue in the post till issuance of the fresh appointmentThe Board of Regents cancelled the appointments of Shri K.C. Narayanaswamy and Dr. Fathima Sadathulla in the meanwhile. On 26/27.03.1999, while reconsidering the panel, the Board decided to select afresh Dr. (Mrs.) Fathima Sadathulla as Assistant Professor of Sericulture, considering her qualification (Ph.D.), length of regular service as Assistant Professor and also on humanitarian grounds. Based on the decision of the Board of Regents dated 27.03.1999, by a subsequent order dated 22.05.1999, the University again appointed Dr. FathimaBeing aggrieved by the order dated 22.05.1999, the appellant herein preferred Writ Petition No. 46069 of 1999 before the High Court. Learned single Judge of the High Court, by order dated 17.11.2005, dismissed the petition filed by the appellantThe appellant herein, aggrieved by the order dated 17.11.2005 filed Writ Appeal No. 14 of 2006 before the Division Bench of the High Court. The Division Bench of the High Court, by order dated 13.02.2012, dismissed the appeal filed by the appellantAggrieved by the order dated 13.02.2012, the appellant herein has preferred this appeal by way of special leave before this

Reasoning: 18. Reasons are the links between the materials on which certain conclusions are based and the actual conclusions. They disclose how the mind is applied to the subject matter for a decision whether it is purely administrative or quasi judicial. They should reveal a rational nexus between the facts considered and the conclusions reached. Only in this way can opinions or decisions recorded be shown to be manifestly just and reasonable. We, therefore, are of the considered opinion that the relevant provisions of the Statute were fully complied with.In our considered view, Clause (2) of Statute 30 must be read in consonance with Articles 14 and 16(1) of the Constitution, for the reasons, the University is covered under the definition of State given under the Articles. Hence, when under Clause (2) of Statute 30, the Selection Committee constituted for making selection on the basis of the performance of the candidates at the interview recommends the names in the order of merit, the power of the Board of Regents to choose best among them means normally it should proceed in the order of merit as arranged by the Selection Committee, and if it is of the view that any person placed lower is the best, it can do so, but it has to record reasons for doing the same. But if a person placed below is appointed without assigning any reasons or on irrelevant considerations, there is no other alternative than to hold that such a selection and appointment is arbitrary and violative of Articles 14 and 16(1) of the Constitution.The Board has power to select the best candidate as per the provisions of the Statute and in the case at hand, the Board re-considered the matter on 27.03.1999 and assigned cogent reasons as to why Respondent No. 3 was preferred. Though learned senior counsel for the appellant very much relied upon P.M. Latha (supra), we are of the considered opinion that the above case does not have any bearing on the decision of this case. Respondent No. 3 possesses the qualifying post graduate degree coupled with additional qualification of Ph.D. in the same subject. The instant selection is for the post of Assistant Professor of Sericulture. If deeper knowledge of the subject, coupled with possessing the qualifying degree as prescribed in the notification inviting application, is possessed by a candidate and if the Board takes into consideration all these factors including the qualification of Doctorate in the said subject, it cannot be said that the Appointing Authority has taken irrelevant materials into consideration.Whenever the Board of Regents considers a person placed lower in merit in the list of selected candidates recommended by the Selection Committee, it can do so only by recording reasons as to why the case of the person placed above is being overlooked and the person below is considered the best for being appointed. In the present case, adequate reasons have been recorded by the Board, viz., her qualification, length of regular service as Assistant Professor and humanitarian grounds. The competence and merit of a candidate is adjudged not on the basis of the qualification he/she possesses but also taking into account the other necessary factors like career of the candidate, his educational curriculum, experience in the field, his general aptitude, personality of the candidate and all other germane factors which the expert body evolves for assessing the suitability of the candidate for the post for which the selection is going to be held.It was also brought to the notice of this Court that the present appellant is at present working on a regular post of Assistant Professor in some other University whereas Respondent No. 3 would be put to undue hardship if she would discontinue from the post. In this view of the matter, we are of the considered opinion that the action of the Board in selecting the third respondent is strictly in accordance with the relevant Statutes framed by the University and the Board had exercised its power judiciously by assigning cogent reasons as to why the third respondent was