SC sets aside Rajput’s appointment as lecturer in MCA
The two-member Division Bench of the Supreme Court, comprising Justice Chandramauli K.R. Prasad and Justice Kurian Joseph, has upheld the judgment of the Division Bench of the Karnataka High Court setting aside the appointment of Ganapath Singh Rajputh as a lecturer in Master of Computer Applications and dismissed the appeals filed by him and the Registrar of Gulbarga University with a cost of Rs. 50,000 each.
In the judgment delivered on November 1, the Supreme Court bench said that the Karnataka High Court bench was right in setting aside the appointment of Mr. Rajput. The bench felt that an unqualified person could not be appointed. “We are of the opinion that the division bench of the High Court (Karnataka) was right in stating that Mr. Rajput was not eligible for the post of a lecturer in Master of Computer Applications.”
However, the division bench in its order, agreed with the advocates appearing for the appellants that the Karnataka High Court bench was right in issuing mandamus for the appointment of Mr. Shivanand, who had challenged the appointment of Mr. Rajput, as lecturer in MCA.
“While setting aside the appointment of a person as ineligible, the court should direct the consideration of cases of such candidates, who had been found eligible. Only in exceptional cases, the court issued mandamus for appointment and this case was not one of those, where the High Court ought to have issued mandamus for appointment of Mr. Shivanand as Lecturer in MCA.
The Division Bench of the Supreme Court said that the High Court bench had erred in issuing mandamus for appointment of Mr. Shivanand and that petitioner Mr. Shivanand and all other candidates, should be considered in accordance with law for the said post.
When the Gulbarga University selected Mr. Rajput for the post of lecturer in MCA, Mr. Shivanand, who is a qualified MCA candidate filed a petition in the high court challenging in the high court. The Gulbarga University in its reply to the court had contended that Mr Rajput, who possessed Masters degree in Mathematics, was qualified for the post since it was a relevant subject, as required for the post published. The Single Judge of the High Court, who heard the petition, upheld the decision of the Gulbarga University and dismissed the appeal. Mr. Shivanand later filed an appeal before the Division bench of the high court.
The Gulbarga University issued a notification in May 1998, inviting applications for the post of lecturer in MCA and the minimum qualification sought by the university was an equivalent grade at the Masters Degree level in the relevant subject. Both Mr Rajput, who held a Masters Degree in Mathematics, and others applied for the post. The board of appointments appointed by the university interviewed the candidates and recommended for the appointment of Mr. Rajput to the post. Later, the Syndicate of the University gave its approval to the recommendations of the board.