Altamas Kabir, J.
1. Having had the benefit of going through my learned brother’s draft judgment, I wish to indicate my own views in arriving at the same conclusion as arrived at by my learned brother but by traversing a different route. Since the facts of the case have been adequately dealt with by my learned brother, I shall confine myself to the legal aspect only.
2. In my view, the main question which falls for consideration in this appeal is whether the appellant, who has a post graduate degree and Ph.D in Political Science could have been appointed as Reader in Public Administration by the respondent University. The answer to the connected question, which flows from the first, as to whether the High Court was right in quashing the appellant’s appointment as Reader in Public Administration, depends on the answer to the first.
3. As has been pointed out by my learned brother, the University has in its counter affidavit taken a stand that Public Administration is one of the branches of Political Science and the Selection Committee comprised of eminent scholars had rightly chosen the appellant for the post of Reader after considering his academic achievements and also relying upon the view of the University Grants Commission in its letter dated 5.3.1992 stating that the subject of Political Science and Public Administration are interchangeable and inter-related and that a candidate who possesses a Masters degree in Public Administration is eligible to be appointed as Lecturer in Political Science. Similarly, a candidate possessing a Masters Degree in Political Science is eligible for appointment to the post of Lecturer in Public Administration.
4. Despite the aforesaid views expressed by the expert bodies such as the University and the University Grants Commission, the High Court has held Public Administration and Political Science to be distinct and separate disciplines. In arriving at such conclusion, the High Court has relied on a decision of this Court in Dr. Bhanu Prasad Panda V. Chancellor, Sambalpur University, (2001) 8 SCC 532), wherein this Court had held Public Administration and Political Science to be two separate disciplines. Further reliance has been placed by the High Court on Regulation 2 of the University Grants Commission Rules to arrive at the finding that for appointment to the post of Reader a candidate would have to be qualified in the relevant subject.
5. As has also been commented upon by my learned brother, the distinction made by the High Court between Public Administration and Political Science in Dr. Bhanu Prasad Panda's case (supra) is not based on any jurisprudential reasoning but on the basis of a personal evaluation of the prevailing circumstances. On the other hand, in the instant case, both the University and the University Grants Commission, have supported the stand of the appellant and have filed affidavits in support thereof. In deciding Dr. Bhanu Prasad Panda's case (supra), this Court did not have the benefit of the views of the University and the University Grants Commission and the conclusion was arrived at on the basis of a personal understanding of Public Administration and Political Science.
6. This is where the distinction lies between the decision in Dr. Bhanu Prasad Panda's case (supra) and the case in hand.
7. The recruitment Rules followed by the University clearly indicates that in order to be appointed as Lecturer in a particular discipline a candidate must have a post-graduate degree in the relevant subject. On the other hand, for appointment to the post of Reader such a condition has not been specified. In fact, in Regulation 2 it has been generally indicated that no person shall be appointed to a teaching post in the University or in any institution, including constituent or affiliated colleges recognized under the UGC Act, 1956, or any institution deemed to be a University under Section 3 of the said Act, in a subject, if he/she does not fulfil the requirement as to the qualifications for the appropriate subject.
8. In my view, the omission in the Regulations cannot be said to be unintentional or a case of casus omissus. In my view, the expression ‘appropriate subject’ was intended to cover the post of Reader and once the expert bodies had indicated that the appellant who held a post-graduate degree in Political Science was eligible to be appointed to the post of Reader in Public Administration and had been rightly appointed to such post, it is normally not for the Courts to question such opinion, unless it has specialised knowledge of the subject.
9. Significantly, the decision in Dr.
Bhanu Prasad Panda's case (supra) does not reflect the aforesaid position and does not also indicate the reason why and on what basis such a decision holding Public Administration and Political Science to be two distinct disciplines had been arrived at.
10. In such circumstances, I agree with my learned brother that the judgment of the High Court impugned in this appeal cannot be sustained. The appeal is accordingly allowed; the writ petition filed in the High Court by the respondent-University is dismissed and the appointment of the respondent as Reader in Public Administration is upheld.
11. There will be no order as to costs.
New Delhi
Dated: August 6, 2008 … J.
(Altamas Kabir)