DR. BHANU PRASAD PANDA versus THE CHANCELLOR, SAMBALPUR UNIVERSITY AND ORS.

Citation: [2001] SUPP. 3 S.C.R. 62 · Decided: 12-09-2001 · Supreme Court of India · Bench: S. RAJENDRA BABU · Disposal: Dismissed
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Judgment (excerpt)

A 
DR. BHANU PRASAD PANDA 
v. 
THE CHANCELLOR, SAMBALl>UR UNIVERSITY AND ORS. 
SEPTEMBER 12, 2001 
B 
[S. RAJENDRA BABU AND DORAISWAMY RAJU, JJ.] 
Service Law: 
Appointment of lecturer-Minimum relevant academic qualifications 
C 
prescribed .for the post-Relaxation of qualifications-Rejected by University 
Grants Commission-On challenge by an unsuccessful candidate, Chancellor 
tenninating the services of the candidate-A.[fim1ed by High Court-On appeal 
held, no inte~ference called.for-Held, appointment irregular-Section 5( JO) of 
the Orissa Universities Act, 1989-Universities. 
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The appellant was working as Research Assistant, who applied for 
the Post of Lecturer in Political Science against the advertisement issued 
by the respondent-University. The Seleciion Committee found him suitable 
and recommend him for appointment. He joined the post. One of the 
unsuccessful candidates challenged the appointment of the appellant. 
The Chancellor issued 'show cause notice' to the appellant as to why 
his appointment should not be cancelled and ultimately ·found him 
not eligible as he lacked minimum academic qualifications and that the 
selection of the appellant was made ignoring the claims of the qualified 
candidates. In exercise of power u/s. 5(10) of Orissa Universities Act, the 
Chancellor annulled the appointment with a direction to terminate the 
service of appellant and to make,fresh appointment. Appellant approached 
the High Court and it affirmed the order of the Chancellor. Hence this 
appeal. 
It was contended for the appellant that he was fully qualified and 
satisfied the norms prescribed and minimum prescribed marks was se-
cured in the subject of 'Public Administration' which constit~te sufficient 
compliance and satisfaction of academic qualification stipulated and that 
the competent authority had found him eligible and such a decision ought 
not to have been interfered by the Chancellor and the High Court. 
Dismissing the appeal, the Court 
62 
DR. B.P. PANDA v. THE CHANCELLOR, SAMBALPUR UNIVERSITY [ RAJU, J.] 
63 
HELD: The stipulation regarding the minimum academic qualification 
was good academic record with requisite marks in/equivalent grade at 
master degree level in the relevant subject. The appointment was for the 
Post of Lecturer in 'Political Science' and not in 'Public Administration' 
and matterwise, these two subjects are different. Merely because the 
Department is of Political Science and Public Administration, the essential 
academic qualification of particular standard and grade in the relevant 
subject for which the 'Post' is advertised, cannot be rendered redundant/ 
violated by ignoring the relevant subject by the name of the Department 
only. Which in substance encompass two different disciplines that merely 
the post referred is being available in the Department is no justification to do 
away/disprove with the essential academic qualifications in the relevant 
subject for which the post is advertised. Besides 'University Grants 
Commission' rejected the proposal for relaxation of minimum marks 
condition in the relevant subject for the appellant. Hence no exception could 
be taken to the decision of Chancellor and no challenge could be countenanced 
against the decision of High Court. (66-E-F; G-H; 67-A; B-C] 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3525 of 1997. 
From the Judgment and Order dated 25.2.97 of the Orissa High Court 
in O.J.C. No. 2521 of 1995. 
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B 
c 
D 
Rakesh Diwedi, Naresh K. Sharma and R.P. Wadhwani for the Appellant. 
E 
P.N. Misra, S. Misra and Debasis Misra for Respondent No. l. 
A. Subba Rao for Respondent Nos. 2 & 3. 
G.K. Banerjee and Ms. Nandini Gore for Respondent No. 4. 
F 
The Judgment of the Court was delivered by 
RAJU, J. This appeal filed against the order of a Division Bench of the 
Orissa High Court at Cuttack dated 25.2.97, involves a challenge to the order 
sustaining in its turn the order passed by the Chancellor, Sambalpur University, 
G 
annulling the appointment of the appellant to the post of Lecturer in Political 
Science, on the ground that he did not possess the minimum required academic 
qualification prescribed by the University Grants Commission. 
The appellant was initially appointed as a Research Assistant in the Post-
Graduate Department of the respondent-University and joined as such on 
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c 
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H 
64 
SUPREME COURT REPORTS 
[2001] SUPP. 3 S.C.R. 
6. 7. 79. In the course of his employment
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