ORDER

1. The first respondent had applied for the post of Reader in the Postgraduate Department of Hindi at the Gulbarga Centre of the Karnataka University, Dharwad pursuant to an advertisement dated 9-3-1979/4-4-1979. The name of the first respondent was recommended by the Board of Appointment constituted by the University. The Chancellor, however, rejected the nomination of the first respondent on the following ground :

"The petitioner is a BA with an ordinary pass class and MA in IInd Class. He does not possess a Doctorate and his research output is reported to be not of a very high standard. Therefore, he does not fulfil the first two of the qualifications mentioned above. Besides, there were several better qualified candidates than the petitioner and it was therefore that the Chancellor could not persuade himself to approve of the petitioners appointment."

2. This rejection was the subject-matter of challenge before the High Court. The High Court has held that the rejection by the Chancellor of the recommendation of the Board of Appointment was not valid since he could not sit in judgment over the merits of the selection made by the Board and take a view contrary to the view t