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
Summary, issues, holding and outcome
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Parties
G. Marulasiddaiah
Appellant
T. G. Siddapparadhya
Respondent
Procedural Posture
Civil Appeal / Appeal by Special Leave
Legal Issues
- 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 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.
Full Case Text
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