G. MARULASIDDAIAH versus T. G. SIDDAPPARADHYA & ORS.

G. MARULASIDDAIAH versus T. G. SIDDAPPARADHYA & ORS.

Failure of the Board of Appointments to explicitly record reasons for disregarding greater length of service does not per se invalidate the appointment under Rule 5, so long as the Board considered teaching experience among other relevant factors; any irregularity is cured by the Chancellor's approval per Section 26(4) of the Act.

Parties
Appellant: G. Marulasiddaiah; Respondent: T. G. Siddapparadhya
Jurisdiction
India
Judgment Date
01 February 1971
Procedural Posture
Civil Appeal / Appeal by Special Leave
Outcome
appeal allowed
Legal Topics
Appointments to University Posts, Statutory Compliance, Judicial Review of Administrative Action

Case Brief

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Parties

G. Marulasiddaiah

Appellant

T. G. Siddapparadhya

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave

  1. 1 Whether failure by the Board of Appointments to record reasons for disregarding greater length of service vitiates the appointment under Rule 5 of Supplementary Rules.
  2. 2 Whether approval by Chancellor cures irregularity in the Board's recommendation.

Ratio Decidendi

Failure of the Board of Appointments to explicitly record reasons for disregarding greater length of service does not per se invalidate the appointment under Rule 5, so long as the Board considered teaching experience among other relevant factors; any irregularity is cured by the Chancellor's approval per Section 26(4) of the Act.

Court Disposition

appeal allowed

Orders

  • Order of High Court quashed.
  • Appellant's appointment as Professor under University Grants Scheme held valid.