Judgment

KULDIP SINGH, J. - Special leave granted in both the petitions.

2. Dr. Prafulla Kumar Mohapatra was selected for the substantive post of Professor of Philosophy by the Selection Committee constituted by the Utkal University, Bhubaneswar, Orissa. A day after the selection three members of the Selection Committee addressed two letters to the Vice-Chancellor stating therein that the selected candidate did not possess the requisite qualifications. The letters were ignored and Dr. Mohapatra was appointed to the post he was selected. Dr. Bijayananda Kar, respondent challenged the selection and appointment of Dr. Mohapatra by way of a writ petition under Art. 226 of the Constitution of India before the Orissa High Court. A Division Bench of the High Court allowed the writ petition, set aside the selection and appointment of Dr. Mohapatra and directed that Dr. Kar be appointed to the substantive post of Professor of Philosophy in the Utkal University. These two appeals, by way of special leave, against the judgment of the High Court, are by the Utkal University and by Dr. Mohapatra.

3. The facts of the case, briefly stated, are that Utkal University, by an advertisement dated November 10, 1989, invited applications for two posts of Professor of Philosophy, one substantive and the other temporary in a leave vacancy. One of the requisite qualifications for the permanent post was specialisation in the "Philosophical Analysis of Values". A Committee. consisting of the Vice-Chancellor, a nominee of the Director of Higher Education and four experts in the subject (one nominated by the Chancellor and the other three by the Vice-Chancellor) was constituted in terms of S. 21(2) of the Orissa Universities Act, 1989. The Committee met on March 27, 1990 and placed Dr. Mohapatra at No. 1 in the merit for both the posts. Dr. Kar was selected and placed at No. 2 for both the posts. The unanimous recommendation of the Selection Committee was as under:

"Taking into consideration the academic record, teaching experience, research activities of the candidates and their performance at the interview, the Committee recommends in order of preference :-

1. Dr. Prafulla Kumar Mohapatra.

2. Dr. Bijayananda Kar.

for appointment as Professor of Philosophy (D.S.A.)"

On March 28, 1990 Dr. Kar personally delivered a letter bearing the same date in the office of the Vice-Chancellor. The letter was signed by two of the expert members of the Selection Committee wherein they stated that "it was somehow overlooked that the post was specifically for "Philosophical Analysis of Values". According to best of our information the candidate who has been placed first in the recommendation does not possess the required qualification". Subsequently another letter dated March 27, 1990 addressed to the Vice-Chancellor was received from the third expert member of the Selection Committee. The contents of the letter were substantially the same as those of the one mentioned above.

4. The Syndicate of the Utkal University met on April 19, 1990 and accepted the recommendations of the Selection Committee. It has been mentioned in para 14 of the special leave petition - supported by the affidavit filed by the Administrative Officer of the University - that the two letters mentioned above were informally discussed at the meeting of the Syndicate, but it was decided not to take notice of the same. Dr. Mohapatra was appointed Professor in both the posts as recommended by the Selection Committee. He, however, elected to retain the appointment to the substantive post.

5. Dr. Kar made a representation dated June 13, 1990 to the Chancellor against the aforesaid appointment. In the said representation Dr. Kar did not mention about the two letters written by the three experts of the Selection Committee to the Vice-Chancellor of the University. The Chancellor rejected the representation by order dated August 23, 1990. Dr. Kar challenged the selection and appointment of Dr. Mohapatra by way of a writ