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5. A learned single judge of the High Court upheld the contention of the Writ Petitioner (respondent no.2 herein) on both counts. He held that the selection and appointment of the appellant, belonging to the General Merit category, to the post reserved for `Group B' category was illegal. The learned judge further held that the appellant (respondent No.2) was closely related to the Head of the Department (respondent No.3 in the writ petition) and, therefore, he ought not to have participated in the selection to the post of Reader in Kannada. On behalf of the present appellant, it was also pleaded before the learned single judge that since he had been working for several years after his appointment to the post he should not be disturbed. The learned judge did not accept the plea. He allowed the writ petition and by judgment and order dated December 6, 1999 set aside the selection and appointment of the appellant as Reader in Kannada on the basis of the notification dated March 30, 1992. The single judge directed the University to fill up the post of Reader in Kannada calling for fresh applications and to complete the selection within 6 months from the date of the judgment. He, however, allowed the appellant to continue on the post till the selection process was completed.

7. By the time the appeal was heard by the division bench, ten years had gone by and the appellant was continuing on the post. On that basis it was strongly urged that it would be very unfair to him if he is forced to go back to the college from where he had resigned to join the post of Reader in Gulbarga University. The division bench was, however, unmoved. It maintained the order passed by the learned single judge and directed the University to fill up the post of Reader in Kannada pursuant to the notification dated March 30, 1992 giving opportunity to all the eligible candidates who had submitted their applications in response to the notification and complete the selection process within three months from the date of receipt of a copy of the order.