Holding

The Chancellor cannot normally interfere with the expert committee’s assessment, and the appellant’s combined teaching and research experience of 9 years 1 month falls within the phrase "about ten years", rendering the Chancellor’s order illegal.

Summary

The case concerned the appointment of Dr. Kumar Bar Das as Professor (SBI Chair) at Utkal University. The advertisement required "about ten years experience of teaching and/or research". The Selection Committee, after evaluating his combined teaching (7 years 7 months) and research (1 year 5 months) experience, recommended him. The Chancellor set aside the appointment, relying only on teaching experience and alleging ineligibility. The High Court upheld the Chancellor’s action and appointed the rival candidate. The Supreme Court held that the Chancellor could not interfere with the expert committee’s assessment absent malafides, that the phrase "about ten years" includes combined teaching and research experience, and that 9 years 1 month reasonably falls within "about ten years". The Court found the Chancellor’s omission of research experience to be illegal, quashed his order, restored the appellant’s appointment, and declared the rival’s appointment void.

Issues considered

Whether the Chancellor may set aside a selection committee's recommendation for a university professorship absent proof of malafides or collateral reasons.
Whether the term "about ten years experience of teaching and/or research" includes combined teaching and research experience and whether 9 years 1 month satisfies this requirement.
Whether the omission of research experience in the evaluation proforma constitutes an illegality sufficient to invalidate the Chancellor's order.

Subjects

University appointmentProfessor selectionChancellor powersUGC regulationsTeaching experienceResearch experienceAdministrative lawQuasi‑judicial discretionEligibility criteria

Judgment

DR. KUMAR BAR DAS A
v.
UTKAL UNIVERSITY AND ORS.

DECEMBER 3, 1998

B
[MRS. SUJATA V. MANOHAR, K. VENKATASWAMI AND
M. JAGANNADHA RAO, JJ.]

SERVICE LAW:

Appointment-Professor of Economics (SB/ Chair)-Advertisement-
c
Qualification-About ten years experience in teaching and/or research--
Appellant having teaching experience of seven years seven months and
fourteen days and research experience of one year fwe months and fourteen
days-Selection Committee consisting of highly qualified experts-
Considering appellants nine years one month teaching/research experience D
as "about ten years"-Recommendation for appointment-Rival candidate's
representation to Chancellor that appellant not possessing requisite
qualification-Appointment set aside by Chancellor-Validity of-Held,
Chancellor ought not to have interfered with the views of expert committee
on appointment unless malafides or other collateral reasons are shown-It E
is necessary to take into account not only the teaching experience but also
research experience in considering the total length of experience-Jl/egality
committed by Chancellor in omitting the research experience of appellant-
Appointment restored--UGC (qualification required of a person to be
appointed to the teaching staff of a University and other institution affiliated
to it) Regulations, 1982. F
Words and Phrases

'about ten years '-Meaning of
State Bank of India, to promote research in Rural Economics, created
an Endowment 'Chair' in favour of respondent university. Consequently, G
respondent university issued an advertisement for the post of professor (SDI
Chair) under clause 10 ofthe said advertisement, the essential qualifications
required for the post was 'about ten years experience of teaching and/or
research'. Pursuant to the said advertisement, appellant applied for the post
of professor. The Selection Committee consisting of highly qualified experts H
315
316 S\JPREME COURT REPORTS [1998] SUPP. 3 S.C.R.

A recommended the name of appellant as their first preference. Respondent no.
5 was placed at preference no. 2. Thus, after approval from Syndicate of
university, appellant was appointed to the post. Respondent no. 5 aggrieved
by the said appointment made a representation to the Chancellor of Univc~rsity
stating that the appellant was not eligible for appointment as he had only
B seven years and seven months teaching experience. The Chancellor, after
issuing show cause notice set aside the appointment of appellant holding the
recommendation of Selection Committee invalid. Aggrieved, appellant filed
a writ petition contending that his total teaching and research experience
was in all nine years one month which came within the words "about ten
years" as mentioned in the advertisement. The said writ petition was dismissed.
C However, High Court allowed the writ petition of respondent no. 5 holding
her eligible for appointment. Hence the present appeal.

Allowing the appeal and setting aside the order of High Court,. this
Court

D HELD : 1. The Chancellor cannot normally interfere with the subjective
assessment of merit of candidates made by an expert body unless malafides
or other collateral reasons were shown. Thus, having regard to the High
qualifications of the experts and the reasons furnished by the syndicate as
being the obvious basis of the experts' opinion, the Chancellor ought not to
E have interfered with the views of the experts. (327-C-B]

University ofMysore v. Govinda Rao, (1964) 4 SCR 575; J.P. Kulshrestha
v. Chancellor, Allahabad University, (1980) 3 SCC 418; Neelima Misra v.
Harinder Kaur Paintal, (1990] 2 SCC 746 and Osmania University v. Abdul
Rajees Khan, (1977] 3 SCC 124, relied on.

F 2. The Chancellor failed to notice that the advertisement and the UGC
Regulations-even as per the show cause notice-referred only to "about ten
years experience in teaching and/or research". Hence it was necessary to
take into account not only the teaching experience but also the research
experience. The proforma which mentioned the marks under each of the six
G heads did not unfortunately refer to the research experience though the
advertisement did. Hence the Chancellor committed an illegality in omitting
the Research experience of one year and five months out of consideration.
If the research experience of one year and five months and fourteen days
were added, the total teaching and research experience of the appellant would
come to nine years and one month. It was not sufficient for the Chancellor
H to just go by the proforma inasmuch as the advertisement did refer to
DR. K.B. DAS v. UTKAL UNIVERSITY 317
research experience also apart from the teaching experience. If the A
advertisement stressed on the research experience also and not merely the
teaching experience, the column in the proforma for awarding marks when
it referred to 'teaching experience' has to be treated as one meant to cover
teachings and research experience. Thus, the Selection Committee and the
Syndicate followed the right procedure but the Chancellor went wrong in B
confining himself to the actual language of the proforma and in omitting
to give effect to the words 'and/or research experience' contained in the
advertisement and the UGC Regulations. Chancellor's view that the experience
must be a minimum of ten years and therefore zero marks ought to have
been awarded to the appellant towards 'teaching experience' cannot he accepted
as that would. amount to ignoring altogether the words in the advertisement C
'teaching and/or research experience'. (327-F-G-H; 317-A-B; 329-B-C)
3. Whether nine years and one month amounts to 'about ten years or
not' cannot be and should not be measured on the basis of a purely
mathematical formula. On the facts of the case, it was for the Selection
Committee to consider whether the appellant's case fell on the right side of D
'about ten years.' After all they .were considering the total length of
experience both in teaching and research and in conjunction with his other
qualifications to find out whether he can occupy the post of Professor, a post
which was merely one concerned with research in Economics. (328-D-F-G)

Cross v. Eglin, (1831) 2 B. & A .D. 106; The Re Harrison and Micks, E
Lambert & Co., (1917) 1 KB 755 and Morris v. Levison. (1970) CPD 155
(34.L. T. 576), distinguished.

4. The order of Chancellor is quashed and appointment of appellant as
Professor (SBI Chair) is restored. Consequently Respondent no. 1 ceases to
be Professor forthwith. (330-A) F
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 830 of 1994.

From the Judgment and Order dated 30.9.93 of the Orissa High Court
in O.J.C. No. 19 IO of I 990.

WITH G
, S.L.P. (Civil) No. 2000 (CC 7855)/1998.
Rakesh Dwivedi, Ms. Pooja Dua and R.S. Dwivedi, (L.R. Singh) for
Gopal Singh for the Appellant.

Sunil Gupta, Pramod Dayal and Vinoo Bhagat for ~espondents. H
•

318 SUPREME COURT REPORTS [1998] SUPP. 3 S.C.R.

A The Judgment of the Court was delivered by

M. JAGANNADHA RAO, J. The appellant, Dr. Kumar Bar Das has filed
this appeal against the judgment of the High Court of Orissa dated 30.9.1993
iii O.J.C. No. 1910 of 19.90. By that judgment, the High Court dismissed the
said writ petition filed by the appellant challenging the orders of the Chancellor
B of the Utkal Universify dated 21.5.1990. The Chancellor, by the said order, had
set aside the appointment of the appellant dated 3 .2.1990· as Professor of
Economics (State Bank of India chair) (hereinafter called SBI Chair), holding
that the recommendation of the Selection Committee dated 29.2.1984 was
invalid. The said order was passed by the Chancellor on a representation filed
by the 5th respondent, Dr. (Mrs.) Bedabati Mohanty. The Chancellor, after
C setting aside the appointment of the appellant further directed that the Vice-
Chancellor/Syndicate shall re-advertise the post and conduct the selection
afresh to fill up the vacancy to the post of Professor (SBI Chair). The 5th
respondent, being aggrieved by the order of the Vice-Chancellor dated 2: 1.5.1990
in so far as it directed re-advertisement, filed OJC No. 2144of1990. The High
D Court, by the same, common judgment, while upholding the ordc:r of the
Chancellor to the extent it set aside the' appointment of the appellant allowed
the 5th respondent's writ petition OJC No. 2144of1990 and directed that she,
being the next person in the panel prepared by the Selection Committee, be _
appoin\ed as Professor of Economics (State Bank of India Chair).

E The appellant, therefore, filed a separate SLP (Civil) No ....(CC 7855 of
1998) questioning the judgment of the High Court dated 30.9.199:3 in OJC
No.2144-0f 1990 to the extent it set aside the orders of the Chancellor directing
're-advertisement' and directing the appointment of the 5th respondent. There
is also an application for condonation of delay. In that SLP notice had not
F been issued but it has been posted before us.

The facts of the case are as follows. The State Bank oflndia (hereinafter
called the 'SB!') created an Endowment for creation of a Chair call:ed "State
Bank Chair in Rural Economics", with an investment ofRs.6 lakhs in favour
of the Utkal University so· that· with the interest accruing from the said
G amount, the salary of a professor and 2 Research Associates to the Chair,
could be met. We are not concerned with the various terms of the endowment
except those relating to the selection and appointment of the professor and
a few other relevant provisions. It is stated in clause 2 of the amendment that ,
the main objective of the endowment is 'to promote research' in the
applicability in the field of Rural Economics which can be utilised for
H development of rural and tribal areas. Clause 13 of the endowment is titled
DR. K.B. DAS v.UTKAL UNIVERSITY (M. JAGANNADHA RAO, J.] 319
'Emphasis on Research' and states that as the main objective in creating the A
Chair is to promote research in the fields mentioned above, the professor's
teaching and other assignments in the University shall be such as to provide
him sufficient time for independent research. Clause 14 is titled 'Selection of
topics of Research' and states that the topics for research work to be
undertaken by the Chair will be selected in consultation with the Bank. Thus, B
the emphasis for the Chair is mainly 'research' in Economics.

Coming to the mode of appointment of Professor to the Chair, this is
contained in clauses 8, 9, and I0 of the endowment. They read as follows:
I
"Clause 8: Appointment of Professor to the Chair: The University
shall take steps to ensure that the Chair does not remain vacant C
ordinarily for more than six months at a time.

Clause 9: ·Selection Procedure of Professor and other Staff. The
procedure for selection of the Professor to the Chair would be made·
as followed by the University in other ·cases for appointment of
Professor of similar status. The Bank shall be associated with the D
selection of the Professor. Regarding the 2 Research Associates, the
University would advise the Bank their names and bio-data.

Clause I 0: The initial terms of the incumbent of the Chair will not
exceed five years and will be renewable for further periods as may be E
decided by the University."

Clause I I deals this terms of appointment of the Professor. It says
that the Professor would be subject to all the rules and regulations
of the University as any other Professor in the University etc.

Soon after creation of this Endowment by the SB!, the Utkal University F
advertised the post on 18.5.87.

Clause IO of the advertisement, upon whose interpretation the entire
case depends, reads as follows: "Clause I 0: Essential Qualifications:

(a) Professor : An eminent scholar with prescribed work of high G
quality, actively engaged in research.

about ten years experience of teaching and/or research and experience
of guiding research at doctoral level.

OR H
320 SUPREME COURT REPORTS [1998] SUPP. 3 S.C.R.

A An outstanding scholar with established reputation who has made
significant contribution to knowledge.

(b) Professor: SBI Chair (same as Professor)

(c)..................................."
B For the post of Professor (SBI Chair), 14 candidates applied, 13
ca'ndidates were called for interview and 8 of them appeared at the
interview. The appellant and the 5th respondent were among them.
The appellant's application is dated 30.6.1987. The Selection
Committee's proceedings dated 29.12.1989 stated that
c "Taking into consideration the academic record, teaching experience,
research activities, teaching experienct: of the candidates and their
performance at the interview, the Committee recommends in order of
preference:-

(i) Dr. Kumar Bar Das
D
(iJ) Dr. (Mrs.) Bedabati Mohanty."

In other words, the appellant was placed at No. I while the 5th respondent
was placed at No. 2.

E Thereafter, the Syndicate of the University approved the same on 2.2.1990
and directed appointment of the appellant. Consequently the appellant was
appointed as Professor (SBI Chair) on 3.2.1990. The appellant gave his joining
report on 10.4.1990.

Thereafter, it appears that the 5th respondent filed a representation
F before the Chancellor of the University in February, 1990 stating that the
appellant was not eligible to be considered for the post of Professor as he
had only 7 years and 7 months of teaching experience on the date of his
application though the required period was I 0 years. On that a show-cause
notice was issued in April, 1990 by the chancellor to the appellant stating that
G on a "preliminary enquiry and on scrutiny of the papers, it was found that
the appellant had. only 7 years and 8 months of teaching experience by the
last date of application and no outstanding academic career and, as such, the
appellant could not be said to be eligible for consideration to the post of
professor as per qualification prescribed in the advertisement for the post and
in the UGC (qualification requires of a person to be appointed to the teaching
H sta'ff of a University and other institutions affiliated to it) Regulations, 1982
DR. K.B. DAS v.UTKAL UNIVERSITY [M. JAGANNADHA RAO, J.) 321
which stipulates the minimum qualification for appointment to the post of A
Professor as follows:

"An eminent scholar with published work of high quality, actively
engaged in research, About ten years of experience of teaching and/
or research and experience of guiding research at doctoral level; or
An outstanding scholar with established reputation who has made
B
significant contribution to knowledge."
The show-cause notice further stated that the appellant was awarded
4 marks under the heading 'teaching experience' which was not in conformity
with the p.rovisions contained in Schedule 'A' of the Orissa Universities C
Employees (Conditions of Service) Statutes, 1988 and had he not been awarded
such marks deviating from the principles of marking provided in the Statute
above-stated, the merit list of the candidates ·would have been materially
affected. The Chancellor, in exercising his powers under section 5(10) of the
Orissa Universities Act, 1983 asked the Syndicate to show cause why its
decision appointing the appellant should not be annulled. A copy of the same D
was sent to the appellant for his statement in writing.
Accordingly, the Syndicate sent its detailed explanation and so did the
appellant. We shall advert to the details thereof at the appropriate stage.

The Chancellor rejected these replies and passed orders on 21.5.1990
annulling the appellant's appointffient on the ground that the appellant was E
ineligible. He stated:
(i) that the appellant was not eligible to be considered for the post
inasmuch as by the date of application as per the essential
qualifications mentioned in the advertisement and the minimum
qualifications set out in UGC Regulations 1982. F
(ii) that in contravention of the provisions mentioned in the Schedule
'A' prescribed under Statute 5 of the Orissa Universities Employees
(Conditions of Service) Statutes, 1988 (then in force), the appellant
had been awarded 4 marks under the heading 'teaching experience'.
G
(iii) that had the illegality mentioned in para (ii) above was not
committed, the select list of the candidates would have been materially
affected."

The further reason (iv) given by the Chancellor concerns the 5th respondent.
It says that there was lapse in "awarding marks to the candidates including H
322 SUPREME COURT REPORTS [1998] SUPP. 3 S.C.R.

A the candidate in the 2nd position" i.e. 5th respondent", under the heading
"teaching experience" without reference to the Honours and PG teaching
experience as provided in Schedule A of the Statutes. Thus the Chancellor
found that the mistake was common to the selection of the appellant as well
as the 5th respondent. Consequently the Chancellor set aside the appointment
of the appellant and directed fresh advertisement. It may be noticed that the
B Chancellor did not conclude that, in addition, the appellant did not have an
'outstanding career', though such a reason was mentioned in the earlier
show-cause notice.

Questioning the above order of the Chancellor, the appellant filed OJC
C No. 1910 of 1990 while the 5th respondent filed OJC No. 2144/90 in so far as
the direction for fresh advertisement was concerned. As already stated, the
High Court by judgment dated 30.9.1993, dismissed the appellant's writ p•!tition
and allowed the one filed by the 5th respondent.

The appellant contended in the High Court that his experience was in
D fact 9 years and I month and not 7 years and 8 months as stated in the show
cause notice. The award of 4 marks to the appellant was right inasmuch as
the appellant had research experience at the pre-doctoral stag<: as Junior
research scholar from June 1978 to November 1979, teaching experiencu from
November 1979 to September, 1984, and as Reader from September 1984 till
date of application, 30.6.1987. The total Research experience by date of
E application was I year, 5 months and 14 days and teaching experience by that
date was 7 years, 7 months and 14 days-in all 9 years and 28 days, which came
within the word "about I 0 years teaching and/or research experience" as
mentioned in the advertisement.

F The Division Bench of the High Court held that assuming that the
appellant had experience of 9 years and I month, - which assertion was
disputed by the University and the 5th respondent- it could not be said that
the appellant had 'about' ten years of experience. On the contrary, at the
most, it could be said that he had 'about 9 years' of teaching experience on
the date of application but not 'about 10 years'. The High Court furthe:r held
G that "there is no material in support of Kumar Bar's plea that he had acquired
9 years and I month experience. On the contrary, materials considered by the
Selection Committee and the Chancellor would show that it was 7 years and
8 months and hence appellant was 'not eligible'.

Having held that the appellant was not eligible, the Division Bench of
H the High Court proceeded to go into the teaching experience of the 5th
DR. K.B. DAS v.UTKAL UNIVERSITY [M. JAGANNADHA RAO, J.] 323
respondent. There was a difference of opinion between the two Judges. The A
matter was then referred to the third Judge. He held that the 5th respondent
had enough teaching experience and the Chancellor was not right in holding
her ineligible and that too without giving notice to her. Consequently, the
High Court held that the 5th respondent was eligible and her writ petition OJC
No. 2144/90 stood allowed.
B
In this appeal against the judgment of the appellant's writ petition OJC
1910/90 we have heard elaborate submissions of Sri Rakesh Dwivedi, learned
senior counsel for the appellant and of Sri Pramod Dayal and Sri Vinoo
Bhagat, learned counsel for the respondents.

The points that arise for consideration are:
c
( l) Whether the appellant was not eligible to be appointed as Professor
(SBI Chair) on the basis of the qualifications possessed by him as on the last
date for filing application?
D
(2)To what relief?

Point I:-

It will be seen from the statement of facts that the show-cause notice
issued in April, 1990 proceeded on the footing that (i) the appellant had only E
7 years, 8 months as teaching experience as on the last date for filing
application and also that (ii) he did not have an 'outstanding career' and
therefore was not eligible to be appointed as Professor. But in the impugned
order of the Chancellor, it is not stated that the appellant was ineligible on
the ground that he had no 'outstanding career'. In our opinion, it is clear that
in view of the elaborate explanation given by the Syndicate and the appellant F
before the Chancellor and the material produced by them, the Chancellor was
satisfied that the appellant was possessing an 'outstanding career'. Learned
counsel appearing for the University and the Chancellor made some attempt
to contend that the appellant did not have an 'outstanding career' but we
cannot permit them to raise this question in this appeal. It does not arise out G
of the Chancellor's order. We may also state to the credit of the learned
counsel for the 5th respondent that he stated that he was not arguing that
the appellant did not possess an 'outstanding career'.

That leaves us to consider the sole question whether the appellant was
not having "about ten years experience of teaching and/or Research" as H
324 SUPREME COURT REPORTS [1998] SUPP. 3 S.C.R.

A mentioned in clause 10 of the advertisement which qualifications, as per the
show cause notice, are also the qualifications required by the UGC Regulations,
1982. We may here point out that the show cause notice refers to the UGC
regulations as also the advertisement as requiring about 10 years experience.

During the course of arguments, learned counsel for the Univ,ersity
B sought to raise a point that the candidates must have a minimum of 'full 10
years' of teaching experience as per the "qualifications prescribed for
Recruitment to the teaching posts" accepted by the University Administration
on 29.1.1976, which in its turn was based on the recommendations of a
Committee of Professors. We find that no such point was argued in the High
C Court and therefore we cannot allow this point to be raised for the first time
in this appeal.

Further, the order of the Chancellor in para (i) referred to earlier, speaks
of ineligibility of the appellant as per the "advertisement and the UGC
Regulations, 1982 " regarding the need to have 'about 10 years etc.' experiimce.
D So far as the mode of awarding 4 marks towards 'teaching marks' is concerned,
the Chancellor stated that that was in contravention of Schedule A prescribed
under Statute 5 of the Orissa Universities Employees (Conditions of Service)
Statute, 1988 (then in force). This is another reason as to why we should not
permit the learned counsel for the university to raise a question that the
requirement is of 'full ten years' experience (and not 'about 10 years').
E
Before we advert to the reasons as to why, according to us, the order
of the Chancellor is bad in law, we have to refer to the constitution of the
Selection Committee and the high qualifications of the experts. We shall then
also refer to the elaborate reply submitted to the Chancellor by the Syndkate
F on 10.5.1990.

Now the Selection Committee consisted of eminent persons, namely, Dr.
T. Pradhan, Vice-Chancellor; Dr. G.S.Das, Director; Higher Education, (who is
an eminent Economist); Dr. (Mrs.) Shiela Balla, Expert (Chancellor's nominee)
J.N.U. University; Prof. P. Kumar; Expert and Director and Prof. from IARI;
G Delhi, Prof. R.C. Reddy, Expert, Andhra University, Prof. S. Bhattacharya,
Expert and Former V.C. of Calcutta University and Mr. N. Muranjan,
Representative of S.B.I., Bombay, obviously it was their view that the appellant
was eligible and that he satisfied all the requirements for selection and that
he should be placed at Serial No. I.

H In the reply of the Syndicate, the basis of the eligibility and reasons
DR. K.B. DAS v.UTKAL UNIVERSITY [M. JAGANNADHA RAO, J.] 325

which must have prompted the Selection Committee to select the appellant A
have been explained,~namely that the experience of the appellant was not
7 years and 8 months but was 'about 10 years' i.e.9 years and I month. The
Syndicate pointed out in its reply that so far as this Chair was concerned, the
emphasis was more on 'research'. It stated that the Selection Committee, on
the basis of the Schedule 'A' uhder Statute 5 of University Statutes, had B
issued a proforma under six heads namely General career, Research degree,
Teaching experience, Research publications, Viva-voce and CCR carrying 90

- marks in the aggregate. These headings did not correspond to the qualifications
laid down in clause I 0 of the advertisement because there was no column
there regarding experience in research. But, as per the advertisement, the
essential qualification in the advertisement was 'about I 0 years experience C
of teaching and/or research'', that is both research and/or teaching. The
proforma did not assign any marks to research experience though the
advertisement required that the candidates could be selected on the basis of
their research experience also. The proforma proceeded on the assumption
that I 0 marks were meant only for teaching experience, likewise the Schedule
'F' under Statute 258, referred to teaching experience covering only Honours D
and P.G. classes. There was no division of marks as between Honours and
for P.G. In addition for the SBI chair in Rural Economics, experience in
Institutional Finance, publication of some research works of high standard in
the field and experience of guiding research work in the subject of institutional
finance, were also desirable qualifications. The Syndicate pointed out that the E
Selection Committee awarded to the appellant, 16 out of 19 .5 marks in General
career, 8 out of IO in Research publications, 18 out of 25 in Viva voce. The
5th respondent was awarded only 15,6 and 12 in respect of these items. All
candidates were awarded 10 marks out of twelve for research degree. The 5th
respondent got 10 out of 10 for 'teaching experience' whereas appellant got
4 marks only. The Syndicate pointed out that the contention of the 5th F
respondent that the appellant should have been awarded zero marks for
'teaching experience' was based on a misinterpretation of the conditions of
the advertisement. It was not stated in the advertisement that a candidate for
the post of professor should possess a minimum of 10 years' teaching
experience. On the other hand, the advertisement stated that one should have G
'about IO years' teaching and/or research experience. The appellant was
admittedly doing research as Junior Research Fellow in Presidency College,
Calcutta from June 1978 to Nov. 1979 (for one year, 5 months and 14 days)
and adding the same to the teaching experience of 7 years 7 months and 14
days, the total experience in teaching and research would come to 9 years
1 month and this the experts opined was about 10 years. The format speaks H
326 SUP~ME COURT REPORTS [1998) SUPP. 3 S.C.R.

A of teaching experience for Honours and P.G. classes. The appellant had 4
years teaching experience in P.G. classes at Ravishankar University, Raipur
and thereafter in the Department of Economics, Utkal University. He had
Honours teaching experience of about 4 years in Ispat College, Rourkela. On
the other hand, the 5th respondent had given no details of her teaching
B experience in the application form. She had merely stated she had experience
of about 23 years under the Government of orissa in Education Department.
She had not specifically stated the names of institutions in which sh<! had
taught or whether, during this period, she had taught only at the Intermediate
level or at the Honours and Post Graduate stages. Again the appellant had
Research experience and was guiding research work for Ph.D degree while the
-
C 5th respondent had left col. 14 blank. Further, the 5th respondent gave only
a list of 5 publications in local papers and she published only one paper in
the Indian Cooperative Review. On the other hand, the appellant had given
I
a list of 28 publications most of which were published in Standard All India
Journals. The appellant had specialised in International and Regional
Economics and did his Ph.Din 'Economics oflndian Cement Industry'. The
D 5th respondent had not indicated her specialisation nor the subject of her
Ph.D thesis. She merely stated that she had published a special paper in
'International Trade in M.A. Career and that she specialised in Small :Scale
Industries at the Research stage. According to the Syndicate, all these facts
obviously weighed with the Selection Committee. Further, in all 8 candidates
E were interviewed and the Selection Committee must have got an overall view
of comparative merit. The appellant had secured M.A. in Economics in 1977,
he joined as a Lecturer in Nov. 1979, he attended Summer Institutions, and
Conferences and Workshops in Holland in 1980, in UK in 1981 and in Gennany
& Italy in 1984. The Syndicate observed that there was defect in the proforma.
It observed:
F
"In view of the fact that the advertisements wanted about I 0 years
experience in teaching and/or research and the Proforma in Schedule
\F' under Statute 258 wanted only Honours and P.G. Teaching, award
offour marks for experience wrongly headed as "teaching experimce"
G in the proforma does not appear to be an improper assessment... .....
The Selection Committee might have clubbed there two items under
teaching experience."

The Syndicate stated that the subjective considerations which weighed
with the experts in assessing teaching/research experience were known only
H to the Vice-Chancellor and the Director of Higher Education. They referred to
DR. K.B. DAS v.UTKAL UNIVERSITY (M. JAGANNADHA RAO, J.] 327
the Judgment of the Supreme Court in University of Mysore v. Govinda Rao, A
[1964] 4 SCR 575, which stated that the views of experts in the subject ought
/ not to have been lightly interfered with.

In our view, having regard to the high qualifications of the experts and
the reasons furnished by the Syndicate as being the obvious basis of the
experts' opinion, the Chancellor ought not to have interfered with the view B
of the experts. The experts' views are entitled to great weight as stated in

- University ofMysore v. <Tovinda Rao, (supra), J.P. Kulshrestha v. Chancellor
Allahabad University, [1980] 3 SCC 418, Neelima Misra v. Harinder Kaur
Paintal, [1990] 2 SCC 746 and Osmania University v. Abdul Rajees Khan,
[1997] 3 sec 124. c
In our opinion, the Chancellor cannot normally interfere with the
subjective assessment of merit of candidates made by an expert body unless
mala fides or other collateral reasons are shown. In Neelima Misra's case,
above referred to, this Court observed, referring to the powers of the
Chancellors in matters of appointment of Professors/Readers as being purely D
administrative and not quasi-Judicial. It was further stated:

"The Chancellor, however, has to act properly for the purpose for
which the power is conferred. He must take a decision in accordance
with the provisions of tl.e Act and statute. He must not be guided by
' ..... * • --

extraneous or irrelevant considerations. He must not act illegally, E
irrationally or arbitrarily . ........ any such illegal, irrational or arbitrary
action or decision .... is liable to be quashed as being violative of
article 14 of the Constitution of India."

In the present case, the Chancellor failed to notice that the advertisement and
the UGC Regulations--even as per the show cause notice-referred only to F
"about I 0 years experience in teaching and/or research". Hence, it was
necessary to take into account not only the teaching experience but also the
research experience. The proforma which mentioned the marks under each of
the six heads did not unfortunately refer to the research experience though
the advertisement did. Hence the Chancellor committed an illegality in omitting G
the research experience of I year and 5 months out of consideration. If the
research experience of I year and 5 months and 14 days were added, the total
teaching & research experience of the appellant would come to 9 years 1
month ..It was riot sufficient for the Chancellor to just go by the proforma
inasmuch as the advertisement did refer to research experience also apart from
the teaching experience. H
328 STATEv. V.G. WARHADE[M.JAGANNADHARAO]

A No doubt, in clause 9 of the Endowment, it was stated that the procedure
for selection would be the same as followed for Professor's selection. This
in our view was referable merely to the procedure. If the advertisf,ment

B
stressed on the research experience also and not merely the teaching experience,
the column in the proforma for awarding marks when it referred to 'teaching
experience' has to be treated as one meant to cover teaching and res·~arch
experience. The Selection Committee and the Syndicate followed the right
-
procedure but the Chancellor's went wrong in confining himself to the actual
language of the proforma and in omitting to give effect to the words and/pr
research experience contained in the advertisement and the UGC Regulations.
This, in our view, is a clear illegality in the order of the Chancellor. The High
C Court l'ught to have, therefore, come to the rescue of the appellant and set
righ. ,ne illegality.

So far as the contention that even 9 years and one month does not
amount to "about 10 years" we are of the view that this cannot and should
not, as contended by the learned senior counsel for the appellant, be measured
D on the basis of a purely mathematical formula. The High Court has reforred
to Cross v. Eglin, (1831) 2 B. & Ad. 106 and The Re Harrison and Micks,
Lambert & Co., (1917) I KB 755 as to the meaning of the word 'about'. These
are cases dealing with contracts of sale of goods and deal with the mea:ning
of the word 'about' in connection with quantity of goods to be supplied. The
E High Court has also referred to Morris v. Levison, (1870) CPD 155 34. L.T. 576.
That case again deals with the amount of Cargo to be carried out the matter
of carriage of goods by sea and as to what extent the carrier can be said to
have performed his contract. These cases, in our view deal with the usage
in commercial transactions and cannot be of any relevance to interpret the
condition of eligibility of a candidate for appointment of a 'Professor in a
F University. Here we are concerned with view taken by experts in the Selection
Committee and as to whether experience of 9 years and l month falls within
the word 'about I 0 years'. On the facts of the case, it was for the Selection
Committee to consider whether the appellant's case fell on the right sid1i of
'about I 0 years'. After all they were considering the total length of experience
G both in teaching and research and in conjunction with his other qualifications
to find out whether he can occupy the post of Professor, a post which was
merely one concerned with research in Economics.

In our view, the opinion of the experts in the Selection Committee must
be taken to be that the appellant's teaching and research experience satisfied
H the above condition of about I 0 years". In fact the Chancellor in his final
DR. K.B. DAS v.UTKAL UNIVERSITY [M. JAGANNADHA RAO, J.) 329
order did not expressly say that the period was not "about 10 years'', though A
such a view was expressed in the show-cause notice. He merely stated that
award of 4 marks towards 'teaching experience' was not justified. The appellant
did have teaching experience of 7 years 7 months and 14 days and Research
experience of 1 year 5 months and 14 days-in all 9 years 28 days and the
Selection Committee gave him 4 marks out of 10 on this score. Even otherwise, B
if the view of the Chancellor was that the experience must be a minimum of
10 years and therefore Zero marks ought to have been awarded to the
appellant toward 'teaching experience' we cannot agree. That would, in our
view, amount to ignoring altogether the words in the advertisement 'teaching
and/or research experience' and to exclude the period of 1 year 5 months and
14 days. C:
For the above reasons, we are unable to sustain the judgment of the
High Court or the order of the Chancellor. The judgment of the. High Court
is liable to be set aside and the writ petition OJC No. 1910of1990 is entitled
to be allowed and the order of the Chancellor quashed, restoring the
appointment of the appellant as Professor (SBI Chair). Point l is decided D
accordingly in favour of the appellant and against the 5th respondent.

Point 2:-

The question is•· about the nature of the relief to be granted to the
~~ . E
From the above, it is clear that there is no question of the 5th respondent,
who was at serial No. 2 in the Selection list, being continued as Professor (SBI
Chair). Obviously, she could not have been appointed unless the appellant's
appointment was cancelled. Now that we are restoring the appellant's
appointment, the 5th respondent's appointment in his place automatically falls F
to the ground as an immediate consequence. It is not necessary for us to
decide whether, if there was a vacancy, a fresh advertisement was necessary
or No. 2 in the select list could be appointed.

Some argument was advanced by the learned counsel for the 5th G
respondent that even if the appellant's appeal was allowed, the respondent's
appointment would still stand inasmuch as that was made pursuant to a
mandamus issued in the respondent's writ petition No. OJC 2144of1990. This
argument cannot be accepted in as much as once the appellant's appointment
is restored, the consequence is that there will be no vacancy. The mandamus
in OJC No.2144 of 1990 automatically ceases to operate as a consequence of H.
330 SUPREME COURT REPORTS (1998) SUPP. 3 S.C.R.

A allowihg the Civil Appeal.

We, the~efore, set aside the Judgment of the High Court and quash the
Chancellor's order and direct the restoration of the appellant as Professor (SBI
Chair) and also declare that, as a consequence, the 5th respondent ceases to
be Professor (SBI Chair) forthwith. In the circumstances, there will be no order
B as to costs in the Civil Appeal. Point 2· is decided accordingly.

Inasmuch as the Civil appeal is allowed and the appellant restored to
office and as a consequence the 5th respondent is to vacate the office, there
-
is no need to pass any orders in the SLP filed by the appellant against the
orders in OJC No. 2144 of 1990 because the mandamus granted therein
C automatically ceases to be operative. Therefore, the orders of the High Court
in OJC NO. 2144 of 1990 automatically stand vacated as a consequence of
allowing the Civil Appeal against the judgment in OJC No. 1910of1990 and
our quashing the order of the Chancellor. No orders are necessary in the SLP.
SLP is dismissed as unnecessary, after condoning delay.
D
S.V.K. Appeal allowed.

I

....