- (1.) This appeal filed against the order of a Division Bench of the Orissa High Court at Cuttack dated 25-2-1997, involves a challenge to the order sustaining in its turn the order passed by the Chancellor, Sambalpur University annulling the appointment of the appellant to the post of Lecturer in Political Science, on the ground that he did not possess the minimum required academic qualification prescribed by the University Grants Commission.
(2.) The appellant was initially appointed as a Research Assistant in the Post-Gradute Department of the respondent-University and joined as such on 6-7-1979. In the course of his employment, he performed his duties for collection, compilation, tabulation and interpretation of data in addition to assisting the M.Phil. Programme. On 30-11-1992, the University issued an advertisement inviting applications in the prescribed form for certain posts enumerated therein, of which the Lecturer in Political Science was also one. Note 4 indicated that the details with regard to the nature specialization, qualification required etc. for the different posts will be available along with the application form. The details so made available contained certain stipulations and so far as the posts of Lecturer are concerned, in the following terms : "Lecturer : Arts, Sciences, Social Sciences, Commerce, Education, Physical Education Foreign Languages and Law. Good academic record with at least 55 per cent. marks or an equivalent grade of Master's degree level in the relevant subject from an Indian University or an equivalent degree from a Foreign University. (Emphasis supplied) Candidates, besides fulfilling the above qualification should have cleared the eligibility test for Lecturers conducted by University Grants Commission, CSR at similar tests accredited by U.G.C. Exception from passing the Lecturers eligibility test (GATE or Engineering graduates only) is only applicable to these candidates who have done Ph.D. up to December, 1992 or M. Phil up to March, 1991, provided such candidates have secured 55 per cent marks at the Master's level. Re-search Assistants of Sambalpur University having 2nd Class Master's degree but have secured less than 55 per cent. marks at the Master's degree level and have earned M. Phil. up to March, 1991 or Ph.D. up to December, 1992 with certificates, mark sheets, evidence of teaching/research experience, testimonials and other publications. Applications incomplete in any manner are liable to be summarily rejected. (b)Candidates in service should route a copy of their applications through proper channel. No applicant will be interviewed unless his/her application has been duly submitted through his/her employer or he/she produces a "No Objection" certificate from his/her employer at the time of interview. (c) All applications and correspondences are to be addressed to the undersigned by designation and not by name. (d)The candidates are required to appear at an interview before the Selection Committee at their own expenses. (e) Issue of this advertisement does not make it binding on the University to make appointment. (f) Retired persons who have not attained the age of 65 years may also apply for the appoint-ment on tenure basis. (g) SC/ST candidates are required to obtain caste certificate from the District Magistrate/Collector to be eligible to apply. However, the consideration of their application is subject to the approval of U.G.C." As to the nature of posts, specialization etc. It has been stated as follows JUDGEMENT_908_SUPREME6_2001_1.html
(3.) The appellant was one of the applicants to the post of Lecturer in Political Science and the Selection Committee found him suitable and recommended his only name for appointment, as such. On 30-8-1993, he was appointed and joined in the post. One of the unsuccessful candidates Sri B. S. Chandel made representation to the Chancellor that the appointment of the appellant was irregular and in violation of the provisions of the Act and statutes. The Chancellor issued a show cause notice as to why the appointment should not be cancelled. Sri B. S. Chandel also appears to have filed a writ petition in the High Court but the same was disposed of to await the decision of the Chancellor and to approach the High Court, if aggrieved, against the decision to be taken by the Chancellor. The Chancellor ultimately found that the appellant was not eligible for the appointment in question as he lacked the minimum academic qualifications prescribed by the University Grants Commission, that he was awarded excess marks towards academic career and teaching experience and that the selection of the appellant was made by ignoring the claims of the qualified candidates. By his order dated 5-4-1995, the Chancellor, in exercise of powers under S. 5(10) of the Orissa Universities Act, 1989, annulled the appointment with a direction to terminate the services of the appellant and re-advertise the post for being filled up afresh. Aggrieved, the appellant filed O.J.C. No. 2521 of 1995 before the High Court. The High Court also affirmed the decision of the Chancellor and did not agree with the claims of the appellant, by dismissing the writ petition.;