B.C.Mylarappa @ Chikkamylarappa vs R.Venkatsubbaiah & Ors on 3 October, 2008
In support of the submission, reliance was placed on B.C. Mylarappa v. Dr. R.Venkatasubbaiah, (2008) 14 SCC 306, and Rajbir Singh Dalal (Dr.) v. Chaudhari Devi Lal University, (2008) 9 SCC 284. Per contra, the learned counsel appearing for respondent-Shivanand contended that a person holding the post-graduate degree in Mathematics is not eligible for appointment as Lecturer in MCA. The Board of appointment misdirected itself in going into the question as to whether Mathematics is a relevant subject or not in MCA. The opinion of the Board of appointment, as approved by the Syndicate, is not that sacrosanct so as to deprive the Honble High Court of the power of judicial review. Dismissing the appeals, the Honble Supreme Court held thus: