- (1.) The appellant-Utkal University issued an advertisement inviting applications, inter alia, for the post of Reader in Oriya. The advertisement was dated 10-11-1989. The last date for submitting the applications was originally 11-12-1989 which was subsequently extended to 12-3-1990. 37 candidates applied for the post of Reader in Oriya. Out of these, 33 candidates were called for interview and 23 appeared at the interview which was held by the Selection Committee on 22-6-1990. The Selection Committee consisted of Mr. T. Pardhan, Vice Chancellor, Dr. G. P. Guru, the nominee of the Director of Higher Education and three experts, Dr. K. B. Tripathy, Dr. K. Mohapatra and Dr. J. B. Mohanty. The minutes of the Selection Committee of that date record that, "Taking into consideration the academic record, teaching experience, research activities, teaching experience of the candidates and their performance at the interview, the Committee recommends in order of preference :- (1) Dr. Surendranath Dash (2) Dr. Bijay Kumar Mohanty for appointment as Reader for the Post Graduate Department of Oriya."
(2.) The Syndicate of the University accepted the recommendation of the Selection Committee to appoint Dr. Surendranath Dash as Reader in Oriya at the meeting of the Syndicate held on 13-7-1990. Dr. Surendranath Dash was accordingly appointed reader in Oriya.
(3.) In the meanwhile, respondent No. 1, Dr. Nrusingha Charan Sarangi, who was one of the candidates for the post, filed a writ petition in the High Court challenging the selection so made. In his writ petition, he challenged the constitution of the Selection Committee on the ground that the three experts on the Committee were not from outside the State of Orissa. He also contended that after the expiry of the last date for submitting applications but before the interview, he had acquired D. Litt Degree. However, no marks had been given to him by the Selection Committee for this degree. The third ground of challenge was that one of the members of the Selection Committee, Dr. K. Mohapatra, was biased in favour of Dr. Surendranath Dash, the selected candidate.;