This judgment was rendered on April 15, 1969.
Appeal by special leave from the judgment and order dated April 15, 1969 of the Mysore High Court in Writ Petition No.
It appears that in 1967 an appointment had to be made as Professor in the University Grants Scheme, the top position in the department.
This was later approved of by the ,Chancellor of the University on June 29, 1967.
The Chancellors order was made on November 11, 1970.
1970 to the effect that the Chancellor was free to deal with the matter numberwithstanding that the application for special leave was pending in this Court.
The first respondent filed a Writ Petition in the High Court challenging the appointment of the appellant under Art.
This was occasioned by the fact that the University had taken steps to make another appointment necessitated by the order of the Division Bench of the High Court and had asked the appellant to appear at an interview for the purpose fixed on September 21, 1969.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
In December 1965 the appellant was placed as the Head of the Department of Sanskrit.
The appellant and the main company testing respondent have the same academic qualifications.
226 of the Constitution on various grounds but the infraction of, rule 5 set forth above was number one of them.
On December 11, 1970 this Court granted special leave to the appel lant and directed the stay to companytinue till the disposal of the appeal.
R. L. Iyengar and A. G. Ratnaparkhi, for respondent No.
The facts are as follows.
C. Setalvad and R. V. Pillai for the appellant.
On the application being moved on September 22, 1969 the respondents were directed to show cause why special leave should number be granted but an interim stay was granted to the effect that the matter of a fresh appointment as a result of the quashing of the order of the appellants appointment was number to be placed before the Chancellor for his approval under s. 26 4 of the Mysore University Act.
It appears that the Board of Appointments re companystituted after the decision of the High Court had advised the appointment of the first respondent as Professor and the Chancellor, in the circumstances of the case felt that he should number companye to any decision during the pendency of the matter before this Court.
On affidavits being filed this Court after hearing the parties passed an order on November 14, 1969 modifying the earlier order of stay to the effect that the order of the High Court was to remain suspended till the disposal of the special leave petition and as soon as the Chancellor had decided the case, the parties were to be at liberty to mention the matter to this Court and in the meanwhile the appellant was to companytinue as Professor.
He was appointed a permanent Reader in the University under the said Scheme in April 1960.
They were also interviewed by the Board and on June 9,1967 the appellant was given the said appointment.
The ,a appellant joined the University as a lecturer in 1945 and he was appointed a temporary Reader in Sanskrit under the University Grants Commission Scheme which was distinct from other University appointments.
2241 of 1970.
2071 of 1967.
On a clarification of the Courts order being sought for, an order was passed on August 26.
The Judgment of the Court was delivered by Mitter, J. In this appeal by special leave the appellant challenges the decision of the Mysore High Court quashing his ,appointment as a University Grants Professor in Sanskrit by the Board of Appointments on the sole ground of number compliance with Rule 5 of the Supplementary Rules promulgated under the Mysore University Act, 1956.
The first respondent filed an appeal which was heard by a Division Bench of the High Court.
The first respondent had joined the University as a lecturer in 1938 i.e. seven years before the appellant.
He was appointed a Reader ,under the University Grants Scheme in January 1961 i.e. several months after the appellant.
The ,claims of the appellant, the first respondent and two other persons were companysidered by the Board of Appointments.
The appellants application for a certificate being turned down by the High Court, he filed an application for special leave before this Court on 9th September 1969 along with a petition for stay of the order of the High Court.
