JUDGMENT

Sen, J.-Leave granted.

2. Vasanta College for Women, Rajghat Fort, Varanasi, is an educational institution run by and under the control of Krishnamurthi Foundation India. The post of Lecturer in English fell vacant in the college. An advertisement was issued by the College on 12.8.1989 in a number of newspapers inviting applications for the post. The eligibility requirement for the post, according to the advertisement, was :

(a) A good academic record and at least a high Second Division in the Master s Degree in the relevant subject from a recognised University.

(b) A Doctorate or M. Phil. Degree or an equivalent published work showing an ability to carry out independent research work. DESIRABLE : A good working knowledge of Hindi and English.

3. Tribhuwan Nath Tripathi was one of the candidates for the post. Tripathi had a Master s Degree in English, but did not have any Doctorate or M.Phil Degree. Tripathi had a claim that he had registered himself for Ph.D. in March, 1986 on the research topic "Neo-Romanticism in Modern British Poetry". He had several publications and books to his credit which were as under :-

Publications :

(i) Research Papers

(a) "Romanticism and Neo-Romanticism".

(Accepted for publication)

(b) "Surrealism and the English Neo-Romantics"

(Accepted for publication)

(c) "Treatment of Love in the Poetry of David Gascoyne"

(Sent for publication)

(d) "Nature in the Hands of Dylan Thoman"

(Under publication)

(ii) Books

Learning English

Part IV (1987)

Part III (1988)

Part IV (1988)

Part V (1988)

(Bharati Pustak Mandir, Calcutta)

4. A Selection Committee was constituted to interview the candidates. The Selection Committee comprised of two external expert members and two representatives of Banaras Hindu University - One was an expert in the subject for which interview was conducted and the other expert was a nominee of the University, who may or may not be an expert in the subject. But, when the interview by the Selection Committee was held on 8.11.1989, the two representatives of BHU failed to turn up. The other two members of the Selection Committee, however, proceeded with the interview and selected Tripathi for the post of Lecturer in English. After the Selection Committee had selected Tripathi for the post of Lecturer in English, the Manager of the College wrote a letter dated 10.11.1989 to the Deputy Registrar of the BHU, asking him to seek the approval of the Vice-Chancellor to ad hoc appointment of Tripathi as Lecturer in English with effect from the date he took over charge. Officer on Special Duty (Acad. & Exams.) of the BHU wrote a letter dated 23rd December, 1989, seeking clarification as to why the appointment letter issued to Tripathi mentioned that he had been offered an ad hoc appointment as Lecturer only and further continuation had been made conditional. It was pointed out that the Selection Committee had recommended Tripathi for appointment as a Lecturer. The Selection Committee had also mentioned that Tripathi s research work and publications were assessed equivalent to Ph.D. On January 8, 1990, the Manager of the College replied to the letter dated 23rd December, 1989:-

"You will recall that the Managing Committee of our College had requested the Banaras Hindu University to permit them to invite one expert from outside for selection of Lecturers. This was approved by the Executive Council of the BHU and made applicable to all the affiliated colleges. Accordingly we have been inviting external experts out of the panel of names supplied to us by the BHU for this purpose. Our Managing Committee has resolved as a policy matter that permanent