B.C. MYLARAPPA @ DR. CHIKKAMYLARAPPA versus DR. R. VENKATASUBBAIAH AND ORS.

B.C. MYLARAPPA @ DR. CHIKKAMYLARAPPA versus DR. R. VENKATASUBBAIAH AND ORS.

In absence of any mala fides alleged against the members of the expert committee/Board, teaching and research experience possessed by the appellant may be counted together to satisfy eligibility for appointment as Professor. The High Court erred in cancelling the appellant's appointment; selection by an expert academic body should not be interfered with by the courts in absence of statutory violation or malafides.

Parties
Appellant: B.C. Mylarappa @ Dr. Chikkamylarappa; Respondents: Dr. R. Venkatasubbaiah and Ors.
Jurisdiction
India
Judgment Date
03 October 2008
Procedural Posture
Civil Appeal / Final Judgment on Appeal From High Court
Outcome
Appeal allowed
Legal Topics
Selection and Appointment of Professors, Teaching and Research Experience, Judicial Review of Expert Committee Decisions
Service Law Selection and Appointment of Professors Teaching and Research Experience Judicial Review of Expert Committee Decisions

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Parties

B.C. Mylarappa @ Dr. Chikkamylarappa

Appellant

Dr. R. Venkatasubbaiah and Ors.

Respondents

Procedural Posture

Civil Appeal / Final Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether teaching and research experience can be counted together for eligibility as Professor
  2. 2 Whether High Court erred in interfering with expert committee selection absent allegation of malafides
  3. 3 Whether Board of Appointment must record reasons for its selection

Ratio Decidendi

In absence of any mala fides alleged against the members of the expert committee/Board, teaching and research experience possessed by the appellant may be counted together to satisfy eligibility for appointment as Professor. The High Court erred in cancelling the appellant's appointment; selection by an expert academic body should not be interfered with by the courts in absence of statutory violation or malafides.

Court Disposition

Appeal allowed

Orders

  • High Court orders set aside
  • University directed to reinstate the appellant as Professor