Judgement

ALAGIRISWAMI, J.:- This appeal raises the question of the validity of the appointment of the appellant as a Professor of Zoology in the University of Saugar.

2. In pursuance of an advertisement dated 31-5-1971 by the University calling for applications for the post of Professor of Zoology five persons including the appellant and the respondent applied. A Committee of Selection was constituted in accordance with Section 47-A of the Saugar University Act 1946 to consider these applications. On 4-12-1971 the Selection Committee recommended the name of the appellant to the Executive Council, which was competent to make the appointment. Under the provisions of S. 47-A the Executive Council has to make the final selection from among persons recommended by the Selection Committee. But where the Executive Council proposes to make appointment otherwise in accordance with the order of merit arranged by the committee the Executive Council should record its reasons in writing and submit its proposal for the sanction of the Chancellor. In the present case the appellant being the only person whose name had been recommended had ordinarily to be appointed. The Executive Council, however. r