J.Ashoka vs Univ.Of Agr.Sc.& Ors

3) Brief facts:

(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 Master’s 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 other candidates

(b) The 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 4 respectively.

(d) Being 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 new vacancy.

(h) The 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 appellant herein.

(emphasis supplied by us) Since Dr. K.C Narayanaswamy has already been appointed as Associate Professor of Sericulture vide Order No. AO/EST-I(1)/Appt/98-99 dated 16-11- 1998, the Board did not find any reason to consider his case for this position.” By a subsequent order dated 22.05.1999, the University again appointed Dr. Fathima Sadathulla. Being aggrieved, the appellant herein preferred a Writ Petition being 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 appellant herein. The appellant herein filed a Writ Appeal being 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 appellant herein.

7. Separate application shall be submitted for each post.

8. Last date for obtaining blank application form is 20.9.95.

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.

21) 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.

23) In view of the above, the appeal is dismissed with no order as to costs.

...…………….………………………CJI.

DECEMBER 15, 2016.