SUPREME COURT OF INDIA
K. JAGANNATHA SHETTY AND R.M. SAHAI, JJ.
National Institute of Mental Health and Neuro Sciences, Appellant
Versus
Dr. K. Kalyana Raman and others, Respondents
Civil Appeal No. 1537 of 1982, with C.M.P. No. 11639 of 1982, D/-28-11-1991.
Karnataka Societies Registration Act, 1964 - Regulation 5(5) - Civil service - Post-graduate degree and diploma - Assessment of relative merits - Appellant is a renowned National Institute of Mental Health and Sciences - It has been established by co-ordination of State and Central Government. It is an institute for higher studies and research in the field of Neuro Sciences and allied subjects - It is also a recognized institution for diagnosis and treatment of disorders of the mind and nervous system - Institute provides for training in Neurology Neuro-surgery Psychiatry and allied disciplines and preparing students for post-graduate degree and diploma - Held, According to High Court the stand taken by the Selection Committee raises serious doubts as to whether the deliberations of Selection Committee were such as to inspire confidence and re-assurance as to related equality and justness of an effective consideration of this case - It is true that selection of petitioner and the stand taken by Selection Committee before the High Court that he was not eligible at all are Indeed - Antithetical and cannot co-exist - But the fact remains that case of was considered and he was placed second in the panel of names. It is not shown that the selection was arbitrary or whimsical or the Selection Committee did not act fairly towards - Fact that he was placed second in the panel itself indicates that there was proper consideration of his case and he has been treated fairly - It should not be lost sight of that the Selection Committee consisted of experts in the subject for selection - Appeal allowed.
JUDGMENT
K . JAGANNATHA SHETTY, J.:-This appeal by leave is directed against the judgment of the Karnataka High Court allowing Writ Petition No. 18722 of 1979: (reported in ILR (1982) 1 Kant 523) and quashing the proceedings of the Selection Committee which recommended the appointment of Dr. Gaitri Devi as the professor of Neurology at the National Institute of Mental Health and Neuro Sciences ("NIMHANS").
2. NIMHANS - the appellant is a renowned National Institute of Mental Health and Neuro Sciences at Bangalore. It has been established by the co-ordination of the State and Central Government. It is an institute for higher studies and research in the field of Neuro Sciences and allied subjects. It is also a recognised institution for diagnosis and treatment of disorders of the mind and nervous system. The institute provides for training in Neurology, Neuro-surgery, Psychiatry and allied disciplines and preparing students for post-graduate degree and diploma. The institute has been registered as a society under the Karnataka Societies Registration Act, 1964.
3. By advertisement dated 20, June, 1979, NIMHANS invited applications inter alia, for the post of professor in Neurology at the Institute. Dr. Gauri Devi was then working as Associate Professor at the NIMHANS. She was one of the candidates who applied for the Post. Likewise, Dr. Kalyana Raman, Associate Professor of Neurology at Peoria School of Medicine, University of Illinois, U.S.A., was also a candidate. There were in all four candidates who applied for the post.
4. The Governing Body of the NIMHANS constituted a Selection Committee, consisting of Dr. B. Shankaran, Director General of Health Service, Government of India, New Delhi as its Chairman. There were three other members namely; Dr. Vimala Virmani, Professor of Neurology, All India Institute of Medical Sciences, New Delhi, Dr. Arjun Das, Professor of Neurology, Madras, Institute of Neuro Sciences and Dr. Verma, the then Director and Professor of Neuro-surgery in the NIMHANS.
5. The Selection Committee after interview and assessment of relative merits of the candidates recommended a panel of names for appointment as Professor. Dr. Gauri Devi was placed first in the panel of names. Dr. Kalyana Raman was the second. Dr. Gauri Devi was eventually appointed as Professor. Her appointment was challenged by Dr. Kalyana Raman in the High Court of Karnataka by means of a Writ Petition.
6. The High Court allowed the Writ Petition in the judgment which is impugned in this appeal. The High Court has quashed the proceedings of the Selection Committee and the consequent appointment of Dr. Gauri Devi to the post of Professor of Neurology. The High Court appears to make two points: (i) that it was not possible to say with any degree of confidence that Dr. Kalyana Ramans case has received a fair and reasonable consideration at the hands of the Selection Committee; and (ii) that the Selection Committee has not given any reason, however, brief, to establish any rational nexus between the facts said to have been considered by the Selection Committee and the conclusion drawn by it on the basis of those facts, and the proceedings of the Selection Committee cannot, notwithstanding the eminence of its personnel, be upheld.
7. We will first consider the second point. In the first place, it must be noted that the function of the Selection Committee is neither judicial nor adjudicatory. It is purely administrative. The High Court seems to be in error in stating that the Selection Committee ought to have given some reasons for preferring Dr. Gauri Devi as against the other candidate. The selection has been made by the assessment of relative merits of rival candidates determined in the course of the interview of candidates possessing the required eligibility. There is no rule or regulation brought to our notice requiring the Selection Committee to record reasons. In the absence of any such legal requirement the selection made without recording rea
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.