Page 1 REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 12182 OF 2016

(Arising out of Special Leave Petition (C) NO. 25302 OF 2012)

J. Ashoka .... Appellant(s)

Versus

University of Agricultural Sciences & Ors. .... Respondent(s)

J U D G M E N T

R.K. Agrawal, J.

1) Leave granted

2) This appeal is directed against the final judgment and order

dated 13.02.2012 passed by the Division Bench of the High

Court of Karnataka at Bangalore in Writ Appeal No. 14 of 2006

whereby the High Court dismissed the writ appeal filed by the

appellant herein against the judgment and order dated

17.11.2005 passed by the learned single Judge of the High

Court in Writ Petition No. 46069 of 1999.

1

Page 2 3)Brief facts:

(a) Vide Notification dated 14.08.1995, the University of

Agricultural Sciences, Bangalore advertised 3 (three) posts of

Assistant Professors in Sericulture. Out of the three

vacancies, one was reserved for scheduled caste; one for

scheduled tribe and the third in favour of general merit

candidate. The minimum qualification prescribed for the post

was Master’s Degree in the concerned subject. The appellant

herein, a post-graduate in Agriculture from the University of

Agricultural Sciences, Dharwad applied for the said post as a

general merit candidate. The appellant herein was called for

an interview along with the other candidates

(b)The Selection Committee, after considering the

qualification, experience and the publications to the credit of

each of the candidates, prepared a Select List wherein Shri J.

Ashoka-the appellant herein was placed at Serial No. 1 and

Shri R. Narasimharaju, Shri K.C. Narayanaswamy and Dr.

Fathima Sadathulla were placed at Serial Nos. 2, 3 and 4

respectively.

2

Page 3 (c) The Select List was forwarded to the Board of Regents of

the University for issuing appropriate appointment orders.

The Board of Regents prepared a separate list selecting Shri

K.C. Narayanaswamy (Serial No. 3 in the Select List) for the

post available under the General Category and Dr. Fathima

Sadathulla (Serial No. 4 in the Select List) under the roster of

reservation.

(d)Being aggrieved by the appointment, as aforesaid, the

appellant herein and Shri R. Narasimharaju (Serial No. 2 in

the Select List) preferred Writ Petition Nos. 6360-6361 of 1996

before the High Court of Karnataka at Bangalore. Learned

single Judge of the High Court, by order dated 13.08.1996,

allowed the writ petitions while setting aside the order of the

Board of Regents with a direction to the University to

reconsider the case of the appellant herein in the light of the

recommendations made by the Selection Committee. However,

learned single Judge further directed to accommodate Dr.

Fathima Sadathulla (Serial No. 4 in the Select List) either

against any existing vacancy or by creating a new vacancy.

3

Page 4 (e)Aggrieved by the order dated 13.08.1996, the University

filed Writ Appeal Nos. 8289-8290 of 1996 before the Division

Bench of the High Court. The Division Bench of the High

Court, by order dated 16.02.1999 partly allowed the appeals

by setting aside the order passed by learned single Judge only

in respect of Dr. Fathima Sadathulla (Serial No. 4 in the Select

List) that the candidate may be accommodated against any

existing vacancy or by creating a new vacancy. However, Dr.

Fathima Sadathulla was permitted to continue in the post till

issuance of the fresh appointment order.

(f)The Board of Regents cancelled the appointments of Shri

K.C. Narayanaswamy and Dr. Fathima Sadathulla in the

meanwhile. On 26/27.03.1999, while reconsidering the panel,

the Board decided to select afresh Dr. (Mrs.) Fathima

Sadathulla as Assistant Professor of Sericulture, considering

her qualification (Ph.D.), length of regular service as Assistant

Professor and also on humanitarian grounds. Based on the

decision of the Board of Regents dated 27.03.1999, by a

subsequent order dated 22.05.1999, the University again

appointed Dr. Fathima Sadathulla.

4

Page 5 (g)Being aggrieved by the order dated 22.05.1999, the

appellant herein preferred Writ Petition No. 46069 of 1999

before the High Court. Learned single Judge of the High

Court, by order dated 17.11.2005, dismissed the petition filed

by the appellant herein.

(h)The appellant herein, aggrieved by the order dated

17.11.2005 filed Writ Appeal No. 14 of 2006 before the

Division Bench of the High Court. The Division Bench of the

High Court, by order dated 13.02.2012, dismissed the appeal

filed by the appellant herein.

(i)Aggrieved by the order dated 13.02.2012, the appellant

herein has preferred this appeal by way of special leave before

this Court.

(4)Heard Mr. Basava Prabhu S. Patil, learned senior counsel

for the appellant and Mr. P.V. Shetty, learned counsel for the

respondents.

Rival Submissions:

5)Learned senior counsel appearing for the appellant

contended before this Court that the resolution passed by the

5

Page 6 Board of Regents selecting the third respondent suffers from

patent illegality inasmuch as totally irrelevant materials were

taken into consideration and the case of the appellant was not

at all considered while selecting the third respondent who was

ranked lower in the panel of Select List recommended by the

Selection Committee. Elaborating his contentions, learned

senior counsel submitted that once the Selection Committee

empanels the candidates in the order of merit and sends its

recommendation, the Board of Regents shall have to follow the

order of merit. In support of this contention, he placed reliance

on the judgment in Dr. (Mrs.) G. Durga Nageswari vs.

University of Agricultural Sciences ILR 1991 Kar. 14.

6)According to learned senior counsel, the third respondent

has been appointed against the post which was never

advertised. He referred to Statute 15 (2)(a) of the University of

Agricultural Sciences Statute, 1964 and also the provisions of

Statute 30(2)(d) contending that the impugned order is the

result of male fide action and violates the rights guaranteed

under Articles 14 and 16 of the Constitution. The

6

Page 7 appointments were made on extraneous considerations

against the appellant whose merit is much superior to that of

the third respondent. It was further contended that once the

Selection Committee has selected the appellant herein and

placed him at Serial No. 1, the first respondent cannot

over-look him on totally extraneous considerations and the

exercise of such power is mala fide.

7)It was further contended by learned senior counsel that

the factors taken into consideration for preferring the third

respondent such as possessing Ph.D. qualification, length of

regular service and humanitarian considerations were all

irrelevant and hence the entire decision of the Board of

Regents is vitiated. In support of this contention, he relied

upon P.M. Latha and Another vs. State of Kerala and

Others (2003) 3 SCC 541 wherein it was held as under:-

“10. We find absolutely no force in the argument advanced

by the respondents that BEd qualification is a higher

qualification than TTC and therefore, the BEd candidates

should be held to be eligible to compete for the post. On

behalf of the appellants, it is pointed out before us that

Trained Teacher’s Certificate is given to teachers specially

trained to teach small children in primary classes whereas

for BEd degree, the training imparted is to teach students of

7

Page 8 classes above primary. BEd degree-holders, therefore,

cannot necessarily be held to be holding qualification

suitable for appointment as teachers in primary schools.

Whether for a particular post, the source of recruitment

should be from the candidates with TTC qualification or BEd

qualification, is a matter of recruitment policy. We find

sufficient logic and justification in the State prescribing

qualification for the post of primary teachers as only TTC

and not BEd. Whether BEd qualification can also be

prescribed for primary teachers is a question to be

considered by the authorities concerned but we cannot

consider BEd candidates, for the present vacancies

advertised, as eligible.

13. Equity and law are twin brothers and law should be

applied and interpreted equitably but equity cannot override

written or settled law. The Division Bench forgot that in

extending relief on equity to BEd candidates who were

unqualified and yet allowed to compete and seek

appointments contrary to the terms of the advertisement, it

is not redressing the injustice caused to the appellants who

were TTC candidates and would have secured a better

position in the rank list to get appointment against the

available vacancies, had BEd candidates been excluded from

the selections. The impugned judgment of the Division

Bench is both illegal, inequitable and patently unjust. The

TTC candidates before us as appellants have been wrongly

deprived of due chance of selection and appointment. The

impugned judgment of the Division Bench, therefore,

deserves to be set aside and of the learned Single Judge

restored.”

8)Per contra, learned counsel for the respondent-University

contended before this Court that the action of the Board in

selecting the third respondent is strictly in accordance with

the relevant Statutes framed by the University. Learned

counsel while placing reliance on Statute 15(4) of the Statute

8

Page 9 framed by the University contended that the Board has the

power to select the best candidate as per the provisions of the

Statute and, in the present circumstances, had exercised its

power judiciously by assigning cogent reasons as to why the

third respondent was preferred. It was further contended that

a perusal of the resolution would disclose that the Board of

Regents, after considering the entire panel of the Select List,

has preferred the 3

rd

respondent as she possessed Ph.D. in

Sericulture and was found more suitable for the post of

Assistant Professor of Sericulture. The other aspects

considered by the Board were that she had been working in

the University since the date of her initial appointment, and

that if she was not preferred she would lose all avenues of

alternative appointment whereas the appellant herein, who

was appointed in a regular post of Assistant Professor and was

working in another University in the same post, would not be

put to any hardship. It is further submitted that the Board

was well within its province in examining the matter keeping

in mind these humanitarian considerations also without

ignoring the merit.

9

Page 10 9)Learned counsel further contended that the Board has

preferred a person possessing an additional qualification of

Ph.D. in Sericulture to a candidate who only possessed a

Master’s Degree. Having regard to the nature of the functions

of an Assistant Professor, requiring deeper knowledge of the

subject and the third respondent having Ph.D. to her credit,

was found well suited and more equipped for the post in

question, which cannot be considered as an arbitrary or

unreasonable method adopted or of taking irrelevant materials

into consideration.

10)Learned counsel further contended that there is

absolutely no failure of justice insofar as the action taken by

the Board of Regents in preferring the third respondent to the

appellant, as the appellant is holding a regular post of

Assistant Professor in the Agricultural University at Dharwad

and his non-selection has in no way affected his interest,

whereas if the third respondent was to be ignored it would

have deprived her of her livelihood and would have rendered

her jobless for the rest of her life despite possessing such a

1

Page 11 high qualification of Ph.D. Therefore, these considerations

which had obviously weighed in the mind of the Board, cannot

be termed as irrelevant and hence there is no failure of justice

so as to call for interference by this Court.

Discussion:

11)From the material on record, it is undisputed that the

Selection Committee constituted for the purpose prepared a

panel of candidates in the order of merit and recommended

the name of the appellant herein along with three others for

selection. In the said list, the name of the appellant was at

Serial No. 1 while that of the others, namely, Sri. R.

Narasimharaju, Dr. K.C. Narayanaswamy and the third

respondent Dr. (Mrs.) Fathima Sadathulla were placed at

Serial Nos. 2, 3 & 4 respectively. The Board of Regents selected

the third respondent and one Dr. K.C. Narayanaswamy for the

posts of Assistant Professors of Sericulture. The appellant

herein, who was placed at Serial No.1, along with one R.

Narasimharaju, whose name was shown at Serial No. 2 in the

Select List recommended by the Selection Committee,

approached the High Court by filing Writ Petition Nos.

11

Page 12 6360-6361 of 1996. The said writ petitions were allowed on

13.08.1996 holding that the Board of Regents has not

exercised its power in a reasonable manner as it did not assign

any reason for preferring the third respondent and another

candidate, viz., Dr. K.C. Narayanaswamy, who were placed

below in the Select List. Thus, while setting aside the

appointment of the two candidates made on 18.12.1995, a

direction was issued to the University to reconsider the case of

the appellants therein as also of the two other candidates, viz.,

Dr. (Mrs.) Fathima Sadathulla, the third respondent herein

and Dr. K.C. Narayanaswamy. However, as Dr. (Mrs.) Fathima

Sadathulla, (the third respondent herein) had been continuing

in service, she was directed to continue till the matter was

considered afresh or the University could find a way out to

accommodate her either in the existing vacancy or by creating

a new vacancy. This direction was issued to enable the third

respondent herein to continue in the service of the University.

As Dr. K.C. Narayanaswamy had not joined the service despite

his appointment, it was held that his case need not be

reconsidered. The petitioners therein, viz., Shri J. Ashoka (the

1

Page 13 appellant herein) and Shri R. Narsimharaju were directed to be

absorbed straight away in service. The University preferred

writ appeals against the said order. The Division Bench of the

High Court, by order dated 16.02.1999, in Writ Appeal Nos.

8289-8290 of 1996 allowed the appeals in part by setting

aside the direction issued by learned single Judge to

accommodate Dr. (Mrs.) Fathima Sadathulla either in the

existing vacancy or by creating new one.

12)Pursuant to the directions issued by the Court, the Board

of Regents has reconsidered the matter on merits on

27.03.1999 and has resolved to select afresh Dr. (Mrs.)

Fathima Sadathullah as Assistant Professor of Sericulture. It

is useful to extract the resolution passed which is at item No.

2D of the Minutes of 271

st

(Spl.) Meeting of the Board of

Regents held on 26

th

and 27

th

March 1999, which is as under:-

“Item 2D. Appointment of Assistant Professor in the

Department of Sericulture (In the pay scale of Rs.

2200-75-2800-100-4000)

After judicious examination of the directions issued by the

Hon’ble High Court of Karnataka dated 13.08.1996 in Writ

Petition Nos. 6360 and 6361 of 1996 filed by Mr. J. Ashoka

and Mr. Narasimha Raju, respectively, challenging the

appointment of Dr. K.C Narayanaswamy and Dr. Fathima

Sadathulla as Assistant Professors of Sericulture under

General Merit Category and the orders dated 16-2-1999 of

1

Page 14 the Hon’ble High Court of Karnataka dismissing the Writ

Appeal No. 8289 and 8290/96 filed by the University to

defend its action, the Board decided to quash the

appointments of the following two candidates :

1. Dr. K.C Narayanaswamy as Assistant Professor of

Sericulture, and

2. Dr. (Mrs). Fathima Sadathulla as Assistant Professor

of Sericulture (vide Order No. AO/Est.I(1)Appt/95-96 dated

December 18, 1995)

However, the Board while reconsidering the panel, decided to

select afresh Dr. (Mrs). Fathima Sadathulla as Assistant

Professor of Sericulture, considering Ph.D., qualification,

length of regular service as Assistant Professor possessed by

her and also on humanitarian grounds.

(emphasis supplied by us)

Since Dr. K.C Narayanaswamy has already been appointed

as Associate Professor of Sericulture vide Order No.

AO/EST-I(1)/Appt/98-99 dated 16-11-1998, the Board did

not find any reason to consider his case for this position.”

By a subsequent order dated 22.05.1999, the University again

appointed Dr. Fathima Sadathulla. Being aggrieved, the

appellant herein preferred a Writ Petition being No. 46069 of

1999 before the High Court. Learned single Judge of the High

Court, by order dated 17.11.2005, dismissed the petition filed

by the appellant herein. The appellant herein filed a Writ

Appeal being No. 14 of 2006 before the Division Bench of the

High Court. The Division Bench of the High Court, by order

1

Page 15 dated 13.02.2012, dismissed the appeal filed by the appellant

herein.

13)In this context, it would be relevant to quote the

impugned notification which reads as under:-

“UNIVERSITY OF AGRICULTURAL SCIENCES

No. AO/RT/11/13/95-96 Administrative Office

GKVK, Bangalore-65

Date : 14.8.95

NOTIFICATION

Ref:This office advertisement notification

No. AO/RT/11/13/94-95 dated 30.6.1994.

Posts of Assistant Professors advertised under above

reference are reclassified in accordance with the Govt. order

dated 20-5-1995.

SI.

NO.

Discipline Backlog

Current

Classification

and No. of

Posts

1 2 3 4

1 to

3

9

10 to

39

Xxx

Sericulture

Xxx

Xxx

Current-3

Xxx

Xxx

SC-1, GM-1,

ST-1

Xxx-

For the following posts of Assistant Professor, applications

are invited afresh.

1) Agronomy Cat.II-A – 1

2) Agril. Entomology Cat. II-A – 1

3) Kannada SC (Backlog)

4) Poultry Science ST (Backlog)

5) Fishery Engineering Technology SC (Backlog)

1

Page 16 Candidates who have applied for the posts of Assistant

Professor in response to the Notification dated 30-6-94

(Other than the above post), need not apply again. If eligible

candidates belonging to Cat.II (A) are not available,

candidates belonging to GM will be considered as per Govt.

order dated 20.6.95.

Qualifications : A minimum of Second Class Master’s degree

in the concerned subject. Preference will be given to

Experienced candidates. (emphasis supplied by us)

1. Application fee is Rs. 20/-

2. Application to SC/ST candidates will be issued free of

cost only if they submit a requisition enclosing a xerox copy

of the certificate issued by the competent authority in the

form prescribed in Government Order No. SBC 213 SAD 85

dated 28.3.1987.

3. Number of vacancies notified is subject to alteration

and the University reserves the right to Increase or decrease

the number.

4. ‘Application form’ and other instructions may be had

from the undersigned or presentation of a crossed postal

order/challan of the value indicated above drawn in favour

of the comptroller, University of Agril. Sciences, Banglore,

purchased/remitted only after 21.8.95 at the State Bank of

India GKVK/Hebbal.

5. Application can also be had by post by sending the

requisite postal order with self addressed envelope (12” x 4”)

affixing the stamp of the value of Rs. 3.00 indicating the

category to which he/she belongs.

6. Ex-Servicemen of children of Defence Personnel killed

or disabled in action are exempted from payment of

application fee provided they furnish a certificate issued by

the appropriate authority.

7. Separate application shall be submitted for each post.

8. Last date for obtaining blank application form is

20.9.95.

1

Page 17 9. Last date for receipt of filled in application form from

the candidate is 25.9.95. The candidates staying abroad may

send equivalent prescribed fee in foreign currency either in

the form of Demand Draft/Cheque drawn in favour of the

Comptroller, University of Agriculture Sciences, GKVK,

Banglore 560 065, INDIA. Candidates staying abroad may

send their application in plain paper giving details of the

Bio-data and enclosing copies of their educational

qualifications.

SD/-14.8

(A.KOTRESH)

Administrative Officer”

14)In the case at hand, the question is not as to whether the

Board could not proceed to select and appoint a candidate

whose name according to the recommendation made by the

Selection Committee is lower in preference to the candidate

who is placed above, but the question is whether the Board

can do so without recording reasons for preferring a person

placed below in preference to a person placed above by the

Selection Committee. In this regard, it is necessary to state

that Clause (2) of Statute 30 requires the Selection Committee

to recommend the names in the order of merit and when the

Selection Committee has done so, there must be some basis to

alter the merit as fixed by the Selection Committee.

1

Page 18 Otherwise, the exercise of the power would be arbitrary and

come into conflict with the right to equality and injunction

against arbitrariness in State action and the right to equality

and equality of opportunity in matters relating to employment

under the State guaranteed under Articles 14 and 16(1) of the

Constitution.

15)At this stage, it would be appropriate to quote Statute 30

(2) which is as under:-

“(2)(a) The Selection Committee shall review applications for

the posts and consider the qualifications of all applicants

including University Officers and other employees who may

be qualified for the post. If a qualified candidate(s) is found,

the Committee shall recommend in order of merit not more

than three qualified persons for appointment.

(emphasis supplied by us)

(b)In case no qualified person is recommended and/or

appointed as under (2) above, the Selection Committee shall

(a) contact various institutions and agencies (such as

ICAR, State Departments, Colleges, etc.) for the

purpose of obtaining applications from qualified

persons and (b) otherwise advertise for qualified

applicants in such manner as may be approved by the

Vice-Chancellor. On receipt of such further

applications the Committee shall prepare a list of all

applicants and shall recommend in order of merit, not

more than three qualified persons for appointment.

(3)If the Selection Committee fails to nominate an

acceptable person for an office, the Board shall take such

steps as are necessary to select a suitable person.

(4)Out of the qualified persons recommended by each

Selection Committee the Board shall choose the best

individual for appointment in all cases of appointments to be

made by the Board.”

1

Page 19 It can be seen from the above that under Clause 2 of Statute

30, the Selection Committee constituted for the purpose is

required to make recommendation of names for appointment

in the order of merit not more than three qualified persons for

appointment. Clause (4) of Statute 30, however, empowers the

Board of Regents to choose the best individual for

appointment in the case of appointment to be made by the

Board.

16)In Dr. Mrs. G. Durga Nageswari (supra), it was held as

under:-

“9. The above case no doubt interpreted the Indian

Administrative Service Regulations. Regulation 5(5) of the

said Regulations required recording of reasons for

suppression. But as can be seen from the above paragraph

of the Judgment, the Supreme Court based its conclusion on

the right to equality guaranteed under Articles 14 and 16 (1)

of the Constitution and observed that recording of reasons

for overlooking the claim of a person who is above and select

a person below was necessary. The said principle was

applied by this Court in the case of T.K. DEVARAJU vs

STATE OF KARNATAKA. This Court pointed out that the

Regulation 5(5) of the Indian Administrative Service

Regulation was only for the purpose of giving effect to Article

14 and 16(1) of the Constitution and the position would be

the same even in the absence of such a regulation because of

recording of reasons is the only way to ensure obedience to

the fundamental right guaranteed under Articles 14 and

16(1). Therefore, in our opinion, clause (4) of the Statute 30

must be read along with Articles 14 and 16(1) of the

Constitution, for the reasons, the University of Agricultural

1

Page 20 Sciences is state as defined in Article 12 of the Constitution

and hence bound by the Articles included in the

Fundamental Rights Chapter. Therefore, when under clause

(2) of Statute 30, a Selection Committee constituted for

making selection on the basis of the performance of the

candidate at the interview recommends the names in the

order of merit, the power of the Board of Regents to choose

best among them means normally it should proceed in the

order of merit as arranged by the Selection Committee, and if

it is of the view that any person placed lower is the best, it

can do so, but it has to record reasons. If reasons are

recorded then it can be said that the provisions of Articles 14

and 16(1) are complied with. But if a person placed below is

appointed without assigning any reason, there is no other

alternative than to hold that such a selection and

appointment is arbitrary and violative of Articles 14 and

16(1) of the Constitution.

10.In the present case, it is not disputed that no reasons

had been recorded by the Board of Regents as to why the 2

nd

respondent was selected for appointment in preference to the

petitioner though the petitioner was placed at SI.No. 1 and

the 2

nd

respondent was placed at SI.No.3. The learned

Counsel for the University submitted that reasons were not

recorded in view of the earlier decision of this Court in

Keshayya’s case in which it was held that the Board of

Regents had the power to select any one of the persons

whom it considers best and make the appointment. But the

precise question raised in this case and which was not

raised in Keshayya’s case is as to whether the Board of

Regents could do so without assigning any reason. As shown

earlier, the recording of reasons is a must having regard to

the Right guaranteed to the citizens under Articles 14 and

16(1) of the Constitution. Therefore, we are of the view that

whenever the Board of Regents considers that a person

placed lower in merit in the list of selected candidates

recommended by the Selection Committee, it can do so only

by recording reasons as to why the case of the person placed

above is being overlooked and the person below is considered

the best for being appointed. In the present case, no reasons

have been recorded, may be for the reason the Board

considered that it was unnecessary as stated by the learned

Counsel. He however submitted that the Board of Regents

has stated that respondent-2 is more suitable than the

petitioner. That is the conclusion and not the reason. That

2

Page 21 conclusion must be preceded by the reason which is wanting

in this case.

17)As per the impugned notification, the requisite

qualification for the post of Assistant Professor was Second

Class Master’s Degree in the concerned subject. The appellant

possessed the requisite qualification to be eligible for the said

post. However, the Board of Regents, considered Respondent

No. 3 herein as the suitable candidate considering her

qualification (Ph.D), continuous service as an Assistant

Professor and also on humanitarian grounds. Whenever a

selection is to be made on the basis of merit performance, it

cannot be for the purpose of eliminating all others preventing

thereby even an effective and comparative consideration on

merits, by according en bloc precedence in favour of those in

possession of additional qualification irrespective of the

respective merits and demerits of all candidates to be

considered. There is no escape for anyone from this ordeal

and claim for any en bloc favoured treatment merely because,

any one of them happened to possess an additional

qualification than the relevant basic/general qualification

2

Page 22 essential for applying the post. It would amount to first

exhausting in the matter of selection all those, dehors their

inter se merit performance, in possession of additional

qualification and take only thereafter separately those with

ordinary degree and who do not possess the additional

qualification.

Conclusion:

18)Reasons are the links between the materials on which

certain conclusions are based and the actual conclusions.

They disclose how the mind is applied to the subject matter for

a decision whether it is purely administrative or quasi judicial.

They should reveal a rational nexus between the facts

considered and the conclusions reached. Only in this way can

opinions or decisions recorded be shown to be manifestly just

and reasonable. We, therefore, are of the considered opinion

that the relevant provisions of the Statute were fully complied

with.

19)In our considered view, Clause (2) of Statute 30 must be

read in consonance with Articles 14 and 16(1) of the

Constitution, for the reasons, the University is covered under

2

Page 23 the definition of State given under the Articles. Hence, when

under Clause (2) of Statute 30, the Selection Committee

constituted for making selection on the basis of the

performance of the candidates at the interview recommends

the names in the order of merit, the power of the Board of

Regents to choose best among them means normally it should

proceed in the order of merit as arranged by the Selection

Committee, and if it is of the view that any person placed lower

is the best, it can do so, but it has to record reasons for doing

the same. But if a person placed below is appointed without

assigning any reasons or on irrelevant considerations, there is

no other alternative than to hold that such a selection and

appointment is arbitrary and violative of Articles 14 and 16(1)

of the Constitution.

20)The Board has power to select the best candidate as per

the provisions of the Statute and in the case at hand, the

Board re-considered the matter on 27.03.1999 and assigned

cogent reasons as to why Respondent No. 3 was preferred.

Though learned senior counsel for the appellant very much

relied upon P.M. Latha (supra), we are of the considered

2

Page 24 opinion that the above case does not have any bearing on the

decision of this case. Respondent No. 3 possesses the

qualifying post graduate degree coupled with additional

qualification of Ph.D. in the same subject. The instant

selection is for the post of Assistant Professor of Sericulture. If

deeper knowledge of the subject, coupled with possessing the

qualifying degree as prescribed in the notification inviting

application, is possessed by a candidate and if the Board takes

into consideration all these factors including the qualification

of Doctorate in the said subject, it cannot be said that the

Appointing Authority has taken irrelevant materials into

consideration.

21)Whenever the Board of Regents considers a person

placed lower in merit in the list of selected candidates

recommended by the Selection Committee, it can do so only by

recording reasons as to why the case of the person placed

above is being overlooked and the person below is considered

the best for being appointed. In the present case, adequate

reasons have been recorded by the Board, viz., her

qualification, length of regular service as Assistant Professor

2

Page 25 and humanitarian grounds. The competence and merit of a

candidate is adjudged not on the basis of the qualification

he/she possesses but also taking into account the other

necessary factors like career of the candidate, his educational

curriculum, experience in the field, his general aptitude,

personality of the candidate and all other germane factors

which the expert body evolves for assessing the suitability of

the candidate for the post for which the selection is going to be

held.

22)It was also brought to the notice of this Court that the

present appellant is at present working on a regular post of

Assistant Professor in some other University whereas

Respondent No. 3 would be put to undue hardship if she

would discontinue from the post. In this view of the matter,

we are of the considered opinion that the action of the Board

in selecting the third respondent is strictly in accordance with

the relevant Statutes framed by the University and the Board

had exercised its power judiciously by assigning cogent

reasons as to why the third respondent was preferred.

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Page 26 23)In view of the above, the appeal is dismissed with no

order as to costs.

...…………….………………………CJI.

(T.S. THAKUR)

.…....…………………………………J.

(R.K. AGRAWAL)

.…....…………………………………J.

(ADARSH KUMAR GOEL)

NEW DELHI;

DECEMBER 15, 2016.

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