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.
(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. (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. (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. (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. ;