SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2015 Supreme(AP) 81

In the High Court of Judicature at Hyderabad
DILIP B. BHOSALE & A. RAMALINGESWARA RAO, JJ.
Gowda Rajender & Others – Appellants
Versus
M. Radha Krishna & Others – Respondents
Writ Appeal Nos. 233 to 235 of 2011 & 1553 to 1555 of 2013 & WA Cross-objections (SR) No. 112907 of 2011
Decided On : 19-03-2015

Appearing Advocates:
For the Appellants:C.V. Mohan Reddy, Learned Senior Counsel, Deepak Bhattacharjee, Advocate
For the Respondents:G. Vidya Sagar, Learned Senior Counsel, Ghanshyamdas Mandhani, Advocate

Headnote:

Education and university - A.P. Universities Act, 1991 - Section 43 - Assailing selection and appointment - Writ appeals are directed against common order Assistant Professors in Zoology in respondent Kakatiya University - Challenging selection and appointment other post reserved for Backward Classes - Appointment of hit by personal bias and in alternative challenged constitution of selection committee being illegal and volatile - Executive Council on for seeking approval of selection - University had issued the notification inviting applications from qualified candidates for appointment to various posts of Assistant Professors - Professors and Associate Professors in different faculties - In these appeals are concerned only with two posts of Assistant Professors in Zoology reserved for categories - Initially aspirants had applied for these posts out of which were found eligible - Finding illegalities in evaluation of comparative merit of candidates by selection committee/lack of transparency due to non-maintenance of record by selection committee bias of said committee in process of selection of and holding their appointments illegal owing to lack of requisite quorum in Executive Council – Held, Courts on basis of human consideration in regard to excesses on the part of the authorities, has served to create an impression that even where an advantage is secured by stratagem and trickery it could be rationalized in courts of law - Courts do and should take human and sympathetic view of matters - That is very essence of justice - But considerations of judicial policy also dictate that a tendency of this kind where advantage gained by illegal means is permitted to be retained will jeopardize purity of selection process itself engender cynical disrespect towards judicial process and in last analysis embolden errant authorities and candidates into a sense of complacency and impunity that gains achieved by wrongs could be retained by an appeal to the sympathy of court - Such instances reduce jurisdiction and discretion of courts into private benevolence – Appeal dismissed (Para 50)

Judgment

Dilip B. Bhosale, J.

1. These writ appeals under Clause 15 of Letters Patent are directed against the common order dated 28-02-2011 passed in W.P.Nos.12563, 15138 and 24732 of 2010. By this order, the writ petitions were allowed, setting aside the selection and appointment of Dr.Sravanthy and Dr.Gowda Rajender, hereinafter referred to as ‘Dr.Gowda’, as Assistant Professors in Zoology in the second respondent-Kakatiya University, Warangal (for short ‘the University’).

2. W.P.Nos.12563 and 24732 of 2010 were filed by Dr. Vinatha Naini, hereinafter referred to as ‘Dr. Vinatha’, and Dr.Damayanthi respectively, challenging the selection and appointment of Dr. Sravanthy to one such post under Open Competition (Woman) category, while W.P.No.15138 of 2010 was filed by Dr. M.Radha Krishna, hereinafter referred to as ‘Dr.R.Krishna’, assailing the selection and appointment of Dr. Gowda to the other post reserved for Backward Classes – Group B category.

3. Dr. Vinatha in W.P.No.12563 of 2010 had challenged the selection and appointment of Dr. Sravanthy on the ground of bias. Dr. Damayanthi in W.P.No.24732 of 2010 sought declaration that the selection and appointment of Dr. Sravanthy is hit by personal bias and in the alternative challenged the constitution of selection committee being illegal and violative of Section 43 of the A.P. Universities Act, 1991 (for short ‘the Act’). She also prayed for holding fresh interviews after constituting new selection committee in accordance with law. Dr. R.Krishna in W.P.No.15138 of 2010 sought declaration that the action of the University in convening 87th meeting of the Executive Council on 30-04-2010, for seeking approval of the selection of Dr. Gowda, was illegal and contrary to Section 18(6) of the Act. He further prayed for setting aside the appointment of Dr.Gowda and an enquiry into the alleged irregularities committed by the University including the Executive Council appointing Dr. Sravanthy and Dr. Gowda and prayed for re-notifying the vacancies.

4. W.A.Nos.234 and 235 of 2011 are preferred by Dr. Sravanthy, while W.A.No.233 of 2011 is preferred by Dr. Gowda arising from the judgment, disposing of W.P.Nos.12563, 24732 of 2010 and W.P.No.15138 of 2010 respectively. W.A.Nos.1553 to 1555 of 2013, preferred by the University, are also against the very same judgment.

5. The University had issued the notification dated 31.12.2009 inviting applications from qualified candidates for appointment to various posts of Assistant Professors, Professors and Associate Professors in different faculties. In these appeals, we are concerned only with two posts of Assistant Professors in Zoology reserved for OC(W) and BC(B) categories. Initially, 25 aspirants had applied for these posts, out of which 22 were found eligible. The selection committee, duly constituted under the provisions of the Act, conducted interviews on 20-04-2010 of the eligible candidates. Out of the 22 eligible candidates, 5 failed to appear before the selection committee. The selection committee interviewed the remaining 17 candidates and finally recommended Dr. Sravanthy and Dr. Gowda for appointment to these posts.

5.1 Thereafter, Executive Council of the University in its meeting held on 30-04-2010 resolved to approve the recommendation, and accordingly appointment orders were issued by the University on 30-04-2010. Dr. Sravanthi and Dr. Gowda joined the duty as Assistant Professors in Zoology on 01-05-2010.

5.2 In this backdrop, Dr. Vinatha, Dr. R.Krishna and Dr. Damayanthi filed writ petitions under Article 226 of the Constitution of India challenging their selection and appointments. Though the grounds of challenge are virtually common in respect of both the candidates, the selection and appointment of Dr. Sravanthy was also challenged on the ground of bias, she being a daughter of Dr. Ch.Sammaiah, the Chairman of the Board of Studies in Zoology Department and member of the Selection Committee, hereinafter referred to as ‘Dr.Sammaiah



























































































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top