Indian Kanoon - Search engine for Indian Law

10. The appellant had more than five years of teaching experience. The appellant's twenty Research Papers were published on Sericulture in Journals of national and international repute. The appellant was the first author in twelve Research Papers and in other eight Research Papers he was the second author. The appellant possessed the equivalent qualification prescribed in the said vacancy notification dated 12.11.1998.

11. The appellant, Dr. Basavaiah was M.Sc. and Ph.D. in Botany. He had also got sixteen years of Research experience. He also possessed postgraduate diploma in Sericulture and worked as Sericulture inspector in the State Government and also worked as Senior Research Assistant at the CSRTI, Mysore. He worked as the Scientific Officer II with effect from 29.5.1992 to 31.1.1994 and he worked as the Scientific Officer-I with effect from 1.2.1994 till his appointment as the Reader in the University of Mysore. In addition to these, he had about twenty publications to his credit.

12. In the counter affidavit of the University it was asserted that the appellant in C.A. No.6058/2010 @ SLP (C) No.9474/2006 Dr. Manjunath was M.Sc. and Ph.D. in Zoology and also had teaching experience. He had got research experience of about twenty two years. He had joined the CSRTI as Senior Research Assistant on 28.3.1981. He was promoted to the post of Senior Research Officer on 15.10.1986 and he had worked in that Institute till his appointment in the University of Mysore. He had also published a number of Papers in Sericulture and number of connected subjects as per the certificate produced by him. He was also teaching M.Sc. Sericultural Technology course, in addition to other courses.

29. We have been called upon to adjudicate the similar matter of the same University almost after half a century. In a judicial system governed by precedents, the judgments delivered by the Constitution Bench and other Benches must be respected and relied on with meticulous care and sincerity. The ratio of the Constitution Bench has not been properly appreciated by the learned judges in the impugned judgment.

30. In Dr. M.C. Gupta & Others v. Dr. Arun Kumar Gupta & Others (1979) 2 SCC 339, somewhat similar controversy arose for adjudication, in which the State Public Service Commission invited applications for two posts of Professors of Medicine in the State Medical Colleges. The two appellants as well as respondent nos.1, 2 and 3 applied for the said post. Appellant no.1 had teaching experience of about 6 years and 6 months as a Lecturer in Cardiology in the department of medicine and about 3 years and 2 months as Reader in Medicine in S. N. Medical College, Agra. Since there was no separate Department of Cardiology in that College, Cardiology formed part of general medicine and as such he was required to teach general medicine to undergraduate students and to some post-graduate students in addition to Cardiology. Similarly, appellant no.2 had one year's experience as post- doctoral teaching fellow in the Department of Medicine, State University of New York, Buffalo, one year's teaching experience as Lecturer while posted as a Pool Officer and 15 months' teaching experience as post-doctoral research fellow in the Department of Medicine in G.S.V.M. Medical College, Kanpur and about 4 years' and 6 months' teaching experience as Assistant Professor of Medicine, State University of New York, Buffalo. The cardiology is a part of medicine and the teaching experience acquired while holding the post of Lecturer in Cardiology, was teaching experience in a subject which substantially formed part of general medicine and over and above the same. The Commission was amply justified in reaching to the conclusion that he had the requisite teaching experience. The High Court was, therefore, in error in quashing his selection of the appellant in this case.

31. The teaching experience of foreign teaching institutions can be taken into consideration if it is from the recognized and institution of repute. It cannot be said that the State University of New York at Buffalo, where appellant no.2 served as an Assistant Professor would not be an institution of repute. The experts aiding and advising the Commission must be quite aware of institutions in which the teaching experience was acquired by him and this one is a reputed University.

32. According to the experts of the Selection Board, both the appellants had requisite qualification and were eligible for appointment. If they were selected by the Commission and appointed by the Government, no fault can be found in the same. The High Court interfered and set aside the selections made by the experts committee. This Court while setting aside the judgment of the High Court reminded the High Court that it would normally be prudent and safe for the courts to leave the decision of academic matters to experts. The Court observed as under: