J. ASHOKAversusUNIVERSITY OF AGRICULTURAL SCIENCES & ORS.

                        [2016] 11 S.C.R. 81



                            J. ASHOKA                                    A
                          v.
    UNIVERSITY OF AGRICULTURAL SCIENCES & ORS.
             (Civi1Appea1No.12182of2016)
                       DECEMBER 15, 2016
                                                                         B
           [T. S. THAKUR, CJI, R. K. AGRAWAL AND
                  ADARSH KUMAR GOEL, JJ.]
       Service Law:
       Selection - University of Agricultural Sciences Statute, 1964 -
Statute 15, 30 -Selection process for appointment to the post of         c
Assistant Professor in Sericulture - Select list prepared wherein
appellant placed above respondent no.3 - Select list fonvarded to
the Board of Regents of the University - Board selected two
candidates including respondent no.3 - Aggrieved, appellant filed
writ petition - High court set aside the order of Board and directed
them to reconsider the case of appellant - Board again selected          D
respondent no.3 afresh - Plea of appellant that appointment of
respondent no.3 was made on extraneous considerations against
the appellant whose merit is much superior to that of respondent
110.3 - Held: The Board has power to select the best candidate as
per the provisions of the statute - Whenever the Board considers a       E
person placed lower in merit in the select list, it can do so only by
recording reasons as to why the case of the person placed above is
being overlooked and person below is considered the best for being
appointed - On facts, the Board re-considered the matter and
assigned cogent and adequate reasons for preferring respondent
no.3, viz., her qualification, length of regular service as Assistant    F
Professor and humanitarian grounds - The Considerations cannot
be said to be irrelevai1t - Competence and merit is not only adjudged
on the basis of qualification of candidate but also other factors
like career of candidate, educational curriculum, experience,
general aptitude, personality and all other germane factors -            G
Therefore, action of Board in selecting respondent no. 3 in
accordance with the relevant statute framed by University -
Constitution of India - Arts.14 and 16.
      Dismissing the appeal, the Court
      HELD: 1. As per the impugned notification, the requisite           H
                                  81
82            SUPREME COURT REPORTS                     [2016] 11 S.C.R.


A qualification for the post of Assistant Professor was Second Class
  Master's Degree in the concerned subject. The appellant
  possessed the requisite qualification to be eligible for the said
  post. However, the Board of Regents, considered Respondent
  No. 3 as the suitable candidate considering her qualification
  (Ph.D), continuous service as an Assistant Professor and also on
B
  humanitarian grounds. Whenever a selection is to be made on
  the basis of merit performance, it cannot be for the purpose of
  eliminating all others preventing thereby even an effective and
  comparative consideration on merits, by according e11 bloc
  precedence in favour of those in possession of additional
c qualification irrespective of the respective merits and demerits
  of all candidates to be considered. There is no escape for anyone
  from this ordeal and claim for any e11 bloc favoured treatment
  merely because, any one of them happened to possess an
  additional qualification than the relevant basic/general qualification
  essential for applying the post. It would amount to first exhausting
D
  in the matter of selection all those, delwrs their inter se merit
  performance, in possession of additional qualification and take
  only thereafter separately those with ordinary degree and who
  do not possess the additional qualification. [Para 17] (96-D-G]
           2. Reasons are the links between the materials on which
E    certain conclusions are based and the actual conclusions. They
     disclose how the mind is applied to the subject matter for a
     decision whether it is purely administrative or quasi judicial. They
     should reveal a rational nexus between the facts considered and
     the conclusions reached. Only in this way can opinions or decisions
F    recorded be shown to be manifestly just and reasonable.
     Therefore, in the instant case, the relevant provisions of the
     Statute were fully complied with. [Para 18] (96-H; 97-A-B]
        3. Clause (2) of Statute 30 of University of Agricultural
  Sciences Statute, 1964 must be read in consonance with Articles
G 14 and 16(1) of the Constitution, for the reasons, the University
  is covered under the definition of State given under the Articles.
  Hence, when under Clause (2) of Statute 30, the Selection
  Committee constituted for making selection on the basis of the
  performance of the candidates at the interview recommends the
  names in the order of merit, the power of the Board of Regents
H
 J. ASHOKA v. UNIVERSITY OF AGRICULTURAL SCIENCES                       83


to choose best among them means normally it should proceed in            A
the order of merit as arranged by the Selection Committee, and
if it is of the view that any person placed lower is the best, it can
do so, bnt it has to record reasons for doing the same. But if a
person placed below is appointed without assigning any reasons
or on irrelevant considerations, there is no other alternative than
                                                                         B
to hold that such a selection and appointment is arbitrary and
violative of Articles 14 and 16(1) of the Constitution. [Para 19)
[97-B-D]
      4. The Board has power to select the best candidate as per
the provisions of the Statute and in the case at hand, the Board
re-con.sidered the matter and assigned cogent reasons as to why          c
Respondent No. 3 was preferred. Respondent No. 3 possesses
the qualifying post graduate degree coupled with additional
qualification of Ph.D. in the same subject. The instant sel<!ction
is for the post of Assistant Professor of Sericulture. If deeper
knowledge of the subject, coupled with possessing the qualifying         D
degree as prescribed in the notification inviting application, is
possessed by a candidate and if the Board takes into consideration
all these factors including the qualification of Doctorate in the
said subject, it cannot be said that the Appointing Authority has
taken irrelevant materials into consideration. [Para 20] [97-E-G]
                                                                         E
      5. Whenever the Board of Regents considers a person
placed lower in merit in the list of selected candidates
recommended by the Selection Committee, it can do so only by
recording reasons as to why the case of the person placed above
is being overlooked and the persqn below is considered the best
for being appointed. In the present case, adequate reasons have          F
been recorded by the Board, viz., her qualification, length of
regular service as Assistant Professor and humanitarian grounds.
The competence and merit of a candidate is adjudged not on the
basis of the qualification he/she possesses but also taking into
account the other necessary factors like career of the candidate,        G
his educational curriculum, experience in the field, his general
aptitude, personality of the candidate and all other germane factors
which the expert body evolves for assessing the suitability of the
candidate for the post for which the selection is going to be held.
(Para 21) [97-H; 98-A-B)
                                                                         H
84            SUPREME COURT REPORTS                         r20I 6l l l S.C.R.


A           P.M Latha and Another v. State of Kera/a and Others
            (2003) 3 sec 541 : 2003 (2) SCR 653 - held
            inapplicable.
            Dr. (Mrs.) G. Durga Nageswari v. University of
            Agricultural Sciences ILR 1991 Kar. 14 - referred
B           to.
                           Case Law Reference
     ILR 1991 Kar. 14              referred to           Paras
     2003 (~) SCR 653              held inapplicable     Para 7
          CIVIL APPELLATE JURISDICTION: Civil Appeal No. 12182
C    of2009.
          From the Judgment and Order dated 13.02.2012 of the High Court
     ofKarnataka at Bangalore in WA No. 14 of2006 (S-RES).
           Basava Prabhu S. Patil, Sr. Adv., B. Subrahmanya Prasad, Anirush
D    Sanganeria," Chinmay Deshpande, Ananth Narayana M.G., Advs. for
     the Appellant.
          P. V. Shetty, Sr. Adv., Sanjay R. Hegde, S. Nithin, Anil Kumar
     Mishra-I, S. N. Bhat, Advs. for the Respondents.
         , The Judgment of the Court was delivered by
E          R. K. AGRAWAL, J. I. 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
F    the judgment and order dated 17.11.2005 passed by the learned single
     Judge of the High Court in Writ Petition No. 46069of1999.
           3. Brief facts:
     (a) Vide Notification dated 14.08.1995, the University of Agricultural
     Sciences, Bangalore advertised 3 (three) posts of Assistant Professors
G
     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,
H
 J. ASHOKA v. UNIVERSITY OF AGRICULTURAL SCIENCES                             85
                  [R. K. AGRAWAL, J.]

Dharwad applied for the said post as a general merit candidate. The           A
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        B
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            c
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 appel !ant herein    D
and Shri R. Narasimharaju (Serial No. 2 in the Select List) preferred
Writ Petition Nos. 6360-6361 of 1996 before the High Court ofKarnataka
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       E
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            F
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            G
Sadathulla was permitted to continue in the post till issuance of the fresh
appointment order.
(t) The Board of Regents cancelled the appointments of Shri K.C.
Narayanaswamy and Dr. Fathima Sadathulla in the mean:while. On 26/
27.03.1999, while reconsidering the panel, the Board decided to select
                                                                               H
86             SUPREME COURT REPORTS                         [2016] 11 S.C.R.



A    afresh Dr. (Mrs.) Fathima Sadathulla as Assistant Professor of
     Sericulture, considering her qualification (Ph.D.), length ofregular 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.
B
     (g) Being aggrieved by the order dated 22.05.1999, the appellant herein
     preferred Writ Petition No. 46069of1999 before the High Court. Learned
     singleJudgeofthe High Court, by order dated 17.11.2005, dismissed the
     petition filed by the appellant herein.
c    (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
D    preferred this appeal by way of special leave before this Court.
           4. Heard Mr. Basava Prabhu S. Patil, learned senior counsel for
     the appellant and Mr. P. V. Shetty, learned counsel for the respondents.
     Rival Submissions:
            5. Learned senior counsel appearing for the appellant contended
E
     before this Court that the resolution passed by the Board of Regents
     selecting the third respondent suffers from patent illegality inasmuch as
     totally irrelevant materials were taken into consideration and the case of
     the appellant was not at all considered while selecting the third respondent
     who was ranked lower in the panel of Select List recommended by the
F    Selection Committee. Elaborating his contentions, learned senior counsel
     submitted that once the Selection Committee empanels the candidates
     in the order of merit and sends its recommendation, the Board of Regents
     shall have to follow the order of merit. In support of th is contention, he
     placed reliance on the judgment in Dr. (Mrs.) G Durga Nageswari vs.
G    U11iversity of Agricultura/"Scie11ces ILR 1991 Kar. 14.
           6. According to learned senior counsel, the third respondent has
     been appointed against the post which was never advertised. He referred
     to Statute 15 (2)(a) of the University of Agricultural Sciences Statute,
     1964 and also the provisions of Statute 30(2)(d) contending that the
     impugned order is the result of male fide action and violates the rights
H
 J. ASHOKA v. UNIVERSITY OF AGRICULTURAL SCIENCES                              87
                  [R. K. AGRAWAL, J.]

guaranteed under Articles 14 and 16 of the Constitution. The appointments      A
were made on extraneous considerations against the appellant whose
merit is much superior to that of the third respondent. It was further
contended that once the Selection Committee has selected the appellant
herein and placed him at Serial No. I, the first respondent cannot over-
look him on totally extraneous considerations and the exercise of such
                                                                                B
power is ma/a fide.
       7. It was further contended by learned senior counsel that the
factors taken into consideration for preferring the third respondent such
as possessing Ph.D. qualification, length of regular service and
humanitarian considerations were all irrelevant and hence the entire
decision of the Board of Regents is vitiated. In support of this contention,
                                                                                c
he relied upon P.M. Lmlw mu/ Anotlter vs. State ofKera/a and Otlters
(2003) 3 sec 541 wherein it was held as under:-
        "10. We find absolutely no force in the argument advanced by
        the respondents that BEd qualification is a higher qmriification
        than TTC and therefore, the BEd candidates should be held to            D
        be eligible to compete for the post. On behalf of the appellants, it
        is pointed out before us that Trained Teacher's Certificate is
        given to teachers specially trained to teach· small children in
        primary classes whereas for BEd degree, the training imparted
        is to teach students of classes above primary. BEd degree-              E
        holders, therefore, cannot necessarily be held to be holding
        qualification suitable for appointment as teachers in primary
        schools. Whether for a particular post, the source of recruitment
        should 'be from the candidates with TTC qualification or BEd
        qualification, is a matter of recruitment policy. We find sufficient
        logic and justification in the.State prescribing qualification for      F
        the post of primary teachers as only TTC and not BEd. Whether
        BEd qualification can also be prescribed for primary teachers is
        a question to be considered by the authorities concerned but we
        cannot consider BEd candidates, for the present vacancies
        advertised, as eligible.              ·                                 G
        13. Equity and law are twin brothers and la\v should be applied
        and interpreted equitably but equity cannot override written or
        settled law. The Division Bench forgot that in extending relief on
        equity to BEd candidates who were unqualified and yet allowed
        to compete and seek appointments contrary to the terms of the           H
88            SUPREME COURT REPORTS                         [2016] 11 S.C.R.


A           advertisement, it is not redressing the injustice caused to the
            appellants who were TTC candidates and would have secured a
            better position in the rank list to get appointment against the
            available vacancies, had BEd candidates been excluded from
            the selections. The impugned judgment of the Division Bench is
            both illegal, inequitable and patently unjust. The TTC candidates
B
            before us as appellants have been wrongly deprived of due chance
            of selection and appointment. The impugned judgment of the
            Division Bench, therefore, deserves to be set aside and of the
            learned Single Judge restored."
          8. Per contra, learned counsel for the respondent-University
c contended before this Court that the action of the Board in selecting the
  third respondent is strictly in accordance with tht; relevant Statutes framed
  by the University. Learned counsel while placing reliance on Statute
  15(4) of the Statute framed by the University contended that the Board
  has the power to select the best candidate as per the provisions of the
D Statute and, in the present circumstances, had exercised its power
  judiciously by assigning cogent reasons as to why the third respondent
  was preferred. It was further contended that a perusal of the resolution
  would disclose that the Board of Regents, after considering the entire
  panel of the Select List, has preferred the 3rct respondent as she possessed
  Ph.D. in Sericulture and was found more suitable for the post ofAssistant
E Professor of Sericulture. The other aspects considered by the Board
  were that she had been working in the University since the date of her
  initial appointment, and that if she was not preferred she would lose all
  avenues of alternative appointment whereas the appellant herein, who
  was appointed in a regular post of Assistant Professor and was working
F in another University in the same post, would not be put to any hardship.
  It is further submitted that the Board was well within its province in
  examining the matter keeping in mind these humanitarian considerations
  also without ignoring the merit.
         9. Learned counsel further contended that the Board has
G preferred a person possessing an additional qualification of Ph.D. in
  Sericulture to a candidate who only possessed a Master's Degree.
  Having regard to the nature of the functions of an Assistant Professor,
  requiring deeper knowledge of the subject and the third respondent having
  Ph.D. to her credit, was found well suited and more equipped for the
  post in question, which cannot be considered as an arbitrary or
H
 J. ASHOKA v. UNIVERSITY OF AGRICULTURAL SCIENCES                               89
                  [R. K. AGRAWAL, J.]

unreasonable method adopted or of taking irrelevant materials into               A
consideration.
        I 0. Learned counsel fu11her contended that there is absolutely no
failure of justice insofar as the action taken by the Board of Regents in
preferring the third respondent to the appellant, as the appellant is holding
a regular post of Assistant Professor in the Agricultural University at          B
Dharwad and his non-selection has in no way affected his interest,
whereas ifthe third respondent was to be ignored it would have deprived
her of her livelihood and would have rendered her jobless for the rest of
her life despite possessing such a high qualification of Ph.D. Therefore,
these considerations which had obviously weighed in the mind of the
Board, cannot be termed as irrelevant and hence there is no failure of           c
justice so as to call for interference by this Court.
Discussion:
       11. From the material on record, it is undisputed that the Selection
Committee constituted for the purpose prepared a panel of candidates in          D
the order of merit and recommended the name of the appellant herein
along with three others for selection. In the said Iist, the name of the
appellant was at Serial No. 1 while that of the others, namely, Sri. R.
Narasimharaju, Dr. K.C. Narayanaswamy and the third respondent Dr.
(Mrs.) Fathima Sadathulla were placed at Serial Nos. 2, 3 & 4
respectively. The Board of Regents selected the third respondent and             E
one Dr. K.C. Narayanaswamy for the posts of Assistant Professors of
Sericulture. The appellant herein, who was placed at Serial No. I, along
with one R. Narasimharaju, whose name was shown at Serial No. 2 in
the Select List recommended by the Selection Committee, approached
the High Court by filing Writ Petition Nos. 6360-6361 of 1996. The said          F
writ petitions were allowed on 13.08.1996 holding that the Board of
Regents has not exercised its power in a reasonable manner as it did not
assign any reason for preferring the third respondent and another
candidate, viz., Dr. K.C. Narayanaswamy, who were placed below in
the Select List. Thus, while setting aside the appointment of the two
candidates made on 18.12.1995, a direction was issued to the University          G
to reconsider the case of the appel Iants therein as also of the two other
candidates, viz., Dr. (Mrs.) Fathima Sadathulla, the tl11rd respondent herein
and Dr. K.C. Narayanaswamy. However, as Dr. (Mrs.) Fathima
Sadathulla, (the third respondent herein) had been continuing in service,
she was directed to continue till the matter was considered afresh or the        H
90            SUPREME COURT REPORTS                        [2016] 11 S.C.R.



A  University could find a way out to accommodate her either in the existing
   vacancy or by creating a new vacancy. This direction was issued to
   enable the third respondent herein to continue in the service of the
   University. As Dr. K.C. Narayanaswamy had not joined the service
   despite his appointment, it was held that his case need not be
B reconsidered. The petitioners therein, viz., Shri J. Ashoka (the appellant
   herein) and Shri R. Narsimharaju were directed to be absorbed straight
   away in serv.ice. The University preferred writ appeals against the said
   order. The Division Bench of the High Court, by order dated 16.02.1999,
   in Writ Appeal Nos. 8289-8290 of 1996 al lowed the appeals in part by
   setting aside the direction issued by learned single Judge to accommodate
C Dr. (Mrs.) Fathima Sadathulla either in the existing vacancy or by creating
  ·new one.
           12. Pursuant to the directions issued by the Court, the Board of
     Regents has reconsidered the matter on merits on 27.03.1999 and has
     resolved to select afresh Dr. (Mrs.) Fathima Sadathullah as Assistant
D    Professor of Sericulture. It is useful to extract the resolution passed
     which is at item No. 2D of the Minutes of271" (Spl.) Meeting of the
     Board of Regents held on 26'h and 27'h March 1999, which is as under:-
            "ltem 2D. Appointment of Assistant Professor in the
            Department of Sericulture (In the pay scale of Rs. 2200-
            75-2800-100-4000)                                  .
E
            After judicious examination of the directions issued by the
            Hon'ble High ComtofKarnatakadated 13.08.1996 in Writ
            Petition Nos. 6360 and 6361 of 1996 filed by Mr. J. Ashoka
            and Mr. Narasimha Raju, respectively, challenging the
            appointment of Dr. K.C Narayanaswamy and Dr. Fathima
F           Sadathulla as Assistant Professors of Sericulture under
            General Merit Category and the orders dated 16-2-1999
            of the Hon'ble High Court of Karnataka dismissing the
            Writ Appeal No. 8289 and 8290/96 filed by the University
            to defend its action, the Board decided to quash the
G           appointments of the following two candidates:
            1. Dr. K.C Narayanaswamy as Assistant Professor of
            Sericulture, and
            2. Dr. (Mrs). Fathima Sadathulla as Assistant Professor
            of Sericulture (vi de Order No. AO/Est.I( 1)Appt/95-96
            dated December 18, 1995)
H
J. ASHOKA v. UNIVERSITY OF AGRICULTURAL SCIENCES                             91
                 [R. K. AGRAWAL, J.]

        However. the Board while reconsidering the panel, decided             A
        to select afresh Dr. (Mrs). F[lthima Sadathulla as Assistant
        Professor ofSericulture, considering Ph.D., qualification,
        length of regular service_~_Assistant Professor possessed
        by her and also on humanitarian grounds.
                                       (emphasis sup1Jlied by us)
                                                                              8
        Since Dr. K.C Narayanaswamy has already been
        appointed as Associate Professor of Sericulture vide
        Order No. AO/EST-I( I)/Appt/98-99 dated 16-11-1998, the
        Board did not find any reason to consider his case for this
        position."
By a subsequent order dated 22.05.1999, the University again appointed        c
Dr. Fathima Sadathulla. Being aggrieved, the appellant herein preferred
a Writ Petition being No. 46069of1999 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. The appellant herein filed a Writ
Appeal being No. 14 of 2006 before the Division Bench of the High
                                                                              D
Court. The Division Bench of the High Court, by order dated 13.02.2012,
dismissed the appeal filed by the appellant herein.
       13. In this context, it would be relevant to quote the impugned
notification which reads as under:-
               "UN lVERSlTY OF AGRICULTURAL SCIENCES
         No.AO/RT/l l/13/95-96                     Administrative Office      E
                                                   GKVK, Bangalore-65
                                                            Date: 14.8.95
                                 NOTIFICATION
         Ref: This office advertisement notification
              No. AO/RT/11/13/94-95 dated 30.6.1994.
                                                                              F
           Posts of Assistant Professors advertised under above reference
           are reclassified in accordance with the Govt. order dated 20-5-
           1995.
 SI. NO.            Disci11linc   Backlog Cu rrcn t   Classification and
                                                         No. of Posts
                                                                              G
    I          ..      2                 3                    4

  l to 3              Xxx               Xxx                  Xxx

    9           Sericulture          Current-3        SC-1, ~M-1, ST-1

 10 to 39             Xxx               Xxx                 Xxx-
                                                                              H
92    SUPREME COURT REPORTS                          r20161 11 S.C.R.


A    For the following posts of Assistant Professor, applications are
     invited afresh.
     1)   Agronomy                                       Cat.II-A - 1
     2)   Agril. Entomology                              Cat. II-A - 1

B    3)   Kannada                                        SC (Backlog)
     4)   Poultry Science                                ST (Backlog)
     5)   Fishery Engineering Technology                 SC (Backlog)
     Candidates who have applied for the posts ofAssistant Professor
     in response to the Notification dated 30-6-94 (Other than the
c    above post), need not apply again. If eligible candidates belonging
     to Cat.II (A) are not available, candidates belonging to GM will
     be considered as per Govt. order dated 20.6.95.
     Qualifications: A minimum of Second Class Master's degree in
     the concerned subject. Preference will b!! given to Experienc;ed
D
     candidates.                       (emphasis supplied by us)
     1. Application fee is Rs. 20/-
     2. Application to SC/ST candidates will be issued free of cost
     only if they submit a requisition enclosing a xerox copy of the
E    certificate issued by the competent authority in the form
     prescribed in Government Order No. SBC 213 SAD 85 dated
     28.3.1987.
     3. Number of vacancies notified is subject to alteration and the
     University reserves the right to Increase or decrease the number.
F    4. •Application form' and other instructions may be had from
     the undersigned or presentation of a crossed postal order/challan
     of the value indicated above drawn in favour of the comptroller,
     University of Agril. Sciences, Banglore, purchased/remitted only
     after 21.8.95 at the State Bank of India GKYK/Hebbal.
G    5. Application can also be had by post by sending the requisite
     postal order with self addressed envelope ( 12" x 4") affixing the
     stamp of the value of Rs. 3.00 indicating the category to which
     he/she belongs.
     6. Ex-Servicemen of children of Defence Personnel killed or
H    disabled in action are exempted from payment of application fee
J. ASHOKA v. UNIVERSITY OF AGRICULTURAL SCIENCES                                93
                 [R. K. AGRAWAL, J.]

       provided they furnish a certificate issued by the appropriate            A
       authority.
       7. Separate application shall be submitted for each post.
       8. Last date for obtaining blank application form is 20.9.95.
       9. Last date for receipt of filled in application form from the           B
       candidate is 25.9.95. The candidates staying abroad may send
       equivalent prescribed fee in foreign currency either in the form
       of Demand Draft/Cheque drawn in favour of the Comptroller,
       University of Agriculture Sciences, GKVK, Banglore 560 065,
       INDfA. Candidates staying abroad may send their application in
       plain paper giving details of the Bio-data and enclosing copies of        c
       their educational qualifications.
                                                                  SD/-14.8

                                                        (A.KOTRESH)
                                                  Administrative Officer"        D
       14. In the case at hand, the question is not as to whether the
                                                 a
Board could not proceed to select and appoint candidate whose name
according to the recommendation made by the Selection Committee is
lower in preference to the candidate who is placed above, but the question
is whether the Board can do so without recording reasons for preferring          .E
a person placed below in preference to a person placed above by the
Selection Committee. In this regard, it is necessary to state that C.lause
(2) of Statute 30 requires the Selection Committee to recommend the
names in the order of merit and when the Selection Committee has done
so, there must be some basis to alter the merit as fixed by the Selection
Committe~. Otherwise, the exercise of the power would be arbitrary               F
and come into conflict with the right to equality and injunction against
arbitrariness in State action and the right to equality and equality of
opportunity in matters relating to employment under the State guaranteed
unde.r Articles 14 and 16(1) of the Constitution.
      I 5. At this stage, it would be appropriate to quote Statute 30 (2)        G
which is as under:-
        "(2)(a) The Selection Committee shall review applications for
        the posts and consider the qualifications of all applicants including
        University Officers and other employees who may be qualified
        for the post. If a qual~fied candidate(s) is found, the Committee        H
94            SUPREME COURT REPORTS                        [2016] 11 S.C.R.


A           shall recommend in order of merit not more than three qualified
            persons for appointment.
                                                (emphasis supplied by us)
            (b) In case no qualified person is recommended and/or
            appointed as under (2) above, the Selection Committee shall
B
              (a) contact various institutions and agencies (such as ICAR,
              State Departments, Colleges, etc.) for the purpose of obtaining
              applications from qualified persons and (b) otherwise advertise
              for qualified applicants in such manner as may be approved by
              the Vice-Chancellor. On receipt of such further applications
c             the Committee shall prepare a list of all applicants and shall
              recommend in order of merit, not more than three qualified
              persons for appointment.
            (3) If the Selection Committee fails to nominate an acceptable
            person for an office, the Board shall take such steps as are
D           necessary to select a suitable person.
            (4) Out ofthe qualified persons recommended by each Selection
            Committee the Board shall choose the best individual for
            appointment in all cases of appointments to be made by the
            Board."
E
     It can be seen from the above that under Clause 2 of Statute 30, the
     Selection Committee constituted for the purpose is required to make
     recommendation of names for appointment in the order of merit not
     more than three qua! ified persons for appointment. Clause (4) of Statute
     30, however, empowers the Board of Regents to choose the best
     individual for appointment in the case of appointment to be made by the
     Board.
           16. In Dr. Mrs. G Durxa Naxeswari (supra), it was held as
     under:-
            "9. The above case no doubt interpreted the Indian
G           Administrative Service Regulations. Regulation 5(5) of the said
            Regulations required recording ofreasons for suppression. But
            as can be seen from the above paragraph of the Judgment, the
            Supreme Court based its conclusion on the right to equality
            guaranteed under Articles 14 and 16 (I) of the Constitution and
H           observed that recording ofreasons for overlooking the claim of
J. ASHOKA v. UNIVERSITY OF AGRICULTURAL SCIENCES                           95
                 [R. K. AGRAWAL, J.]

    a person who is above and select a person below was necessary.          A
    The said principle was applied by this Court in the case ofT.K.
    DEVARAJU vs STATE OF KARNATAKA. This Court pointed
    outthat the Regulation 5(5) of the Indian Administrative Service
    Regulation was only for the purpose of giving effect to Article
    I 4 and I 6( I) of the Constitution and the position would be the
                                                                            B
    same even in the absence of such a regulation because of
    recording of reasons is the only way to ensure obedience to the
    fundamental right guaranteed under Articles I 4 and 16( I).
    Therefore, in our opinion, clause (4) of the Statute 30 must be
    read along with Articles I 4 and 16( I) of the Constitution, for the
    reasons, the University ofAgricultural Sciences is state as defined     c
    in A1ticle 12 of the Constitution and hence bound by the Articles
    included in the Fundamental Rights Chapter. Therefore, when
    under clause (2) of Statute 30, a Selection Committee constituted
    for making selection on the basis of the performance of the
    candidate at the interview recommends the names in the order
    of merit, the power of the Board of Regents to choose best
                                                                            D.
    among them means normally it should proceed in the order of
    merit as arranged by the Selection Committee, and if it is of the
    view that any person placed lower is the best, it can do so, but it
    has to record reasons. If reasons are recorded then it can be
    said that the provisions of Articles 14 and 16(1) are complied          E
    with. But if a person placed below is appointed without assigning
    any reason, there is no other alternative than to hold that such a
    selection and appointment is arbitrary and violative of Articles
    14 and 16(1) of the Constitution.
    10. In the present case, it is not disputed that no reasons had         F
    been recorded by the Board of Regents as to why the 2"d
    respondent was selected for appointment in preference to the
    petitioner though the petitioner was placed at SI.No. l and the
    2"d respondent was placed at SI.No.3. The learned Counsel for
    the University submitted that reasons were not recorded in view
    of the earlier decision of this Court in Keshayya's case in which       G
    it was held that the Board of Regents had the power to select
    any one of the persons whom it considers best and make the
    appointment. But the precise question raised in this case and
    which was not raised in Keshayya's case is as to whether the
    Board of Regents could do so without assigning any reason. As           H
96            SUPREME COURT REPORTS                         [2016) 11 S.C.R.



A           shown earlier, the recording of reasons is a must having regard
            to the Right guaranteed to the citizens under Articles 14 and
            16( I) of the Constitution. Therefore, we are of the view that
            whenever the Board of Regents considers that a person placed
            lower in merit_ in the list of selected candidates recommended by
            the Selection Committee, it can do so only by recording reasons
B
            as to why the case of the person placed above is being overlooked
            and the person below is considered the best for being appointed.
            In the present case, no reasons have been recorded, may be for
            the reason the Board considered that it was unnecessary as stated
            by the learned Counsel. He however submitted that the Board
c           of Regents has stated that respondent-2 is more suitable than
            the petitioner. That is the conclusion and not the reason. That
            conclusion must be preceded by the reason which is wanting in
            this case.
            17. As per the impugned notification, the requisite qualification
D    for the post of Assistant Professor was Second Class Master's Degree
     in the concerned subject. The appellant possessed the requisite
     qualification to be eligible for the said post. However, the Board of
     Regents, considered Respondent No. 3 herein as the suitable candidate
     considering her qualification (Ph.D), continuous service as an Assistant
     Professor and also on humanitarian grounds. Whenever a selection is to
E    be made on the basis of merit performance, it cannot be for the purpose
     of eliminating all others preventing thereby even an effective and
     comparative consideration on merits, by according en bloc precedence
     in favour of those in possession ofadditional qualification irrespective of
     the respective merits and demerits of all candidates to be considered.
F    There is no escape for anyone from this ordeal and claim for any en
     bloc favoured treatment merely because, any one of them happened to
     possess an additional qualification than the relevant basic/general
     qualification essential for applying the post. It would amount to first
     exhausting in the matter of selection all those, dehors· _their inter se
     merit performance, in possession ofadditional qualification and take only
G    thereafter separately those with ordinary degree at1d who do not possess
     the additional qualification.
     Conclusion:
           18. Reasons are the links between the materials on which certain
H    conclusions are based and the actual conclusions. They disclose how
 J. ASHOKA v. UNIVERSITY OF AGRICULTURAL SCIENCES                              97
                  [R. K. AGRAWAL, J.]

the mind is applied to the subject matter for a decision whether it is         A
purely administrative or quasi judicial. They should reveal a rational nexus
between the facts considered and the conclusions reached. Only in this
way can opinions or decisions recorded be shown to be manifestly just
and reasonable. We, therefore, are of the considered opinion that the
relevant provisions of the Statute were fully complied with.
                                                                                B
       19. In our considered view, Clause (2) of Statute 30 must be read
in consonance with Articles 14 and 16( I) of the Constitution, for the
reasons, the University is covered under the definition of State given
under the Articles. Hence, when under Clause (2) of Statute 30, the
Selection Committee constituted for making selection on the basis of the
performance of the candidates at the interview recommends the names
                                                                                c
in the order of merit, the power of the Board of Regents to choose best
among them means normally it should proceed in the order of merit as
arranged by the Selection Committee, and if it is of the view that any
person placed lower is the best, it can do so, but it has to record reasons
for doing the same. But if a person placed below is appointed without           D
assigning any reasons or on irrelevant considerations, there is no other
alternative than to hold that such a selection and appointment is ar~trary
and violative of Articles 14 and 16( I) of the Constitution.
       20. The Board has power to select the best candidate as per the
provisions of the Statute and in the case at hand, the Board re-considered      E
the matter on 27.03.1999 and assigned cogent reasons as to why
RespondentNo. 3 was preferred. Though learned senior counsel for
the appellant very much relied upon P.M. Latlw (supra), we are of the
considered opinion that the above case does not have any bearing on the
decision of this case. Respondent No. 3 possesses the qualifying post
graduate degree coupled with additional qualification of Ph.D. in the           F
same subject. The instant selection is for the post of Assistant Professor
of Sericulture. If deeper knowledge of the subject, coupled with
possessing the qualifying degree as prescribed in the notification inviting
application, is possessed by a candidate and if the Board takes into
consideration all these factors including the qualification of Doctorate in     G
the said subject, it cannot be said that the Appointing Authority has taken
irrelevant materials into consideration.
      21. Whenever the Board of Regents considers a person placed
lower in merit in the list of selected candidates recommended by the
Selection Committee, it can do so only by recording reasons as to why           H
98                SUPREME COURT REPORTS                     [2016] 11 S.C.R.



A  the case of the person placed above is being overlooked and the person
   below is considered the best for being appointed. In the present case,
   adequate reasons have been recorded by the Board, viz., her qualification,
   length of regular service as Assistant Professor and humanitarian grounds.
   The competence and merit of a candidate is adjudged not on the basis of
   the qualification he/she possesses but also taking into account the other
B
   necessary factors like career of the candidate, his educational curriculum,
   experience in the field, his general aptitude, personality of the candidate
   and all other germane factors which the expert body evolves for assessing
   the suitability of the candidate for the post for which the selection is
  'going-to be held.
c        22. It was also brought to the notice of this Court that the present
   appellant is at present working on a regular post of Assistant Professor
   in some other University whereas Respondent No. 3 would be put to
   undue hardship if she would discontinue from the post. In this view of
   the matter, we are of the considered opinion that the action of the Board
D in selecting the third respondent is strictly in accordance with the relevant
 . Statutes framed by the University and the Board had exercised its power
   judiciously by assigning cogent reasons as to why the third respondent
   was preferred.
            23. In view of the above, the appeal is dismissed with no order as
E    to costs.
     Ankit Gyan                                                 Appeal dismissed.