1976 (7) TMI 168 - SC - Indian Laws

Summary

Issues Involved:
1. Bias in the Selection Committee.
2. Maintainability of the writ petition and appeal.

Summary:

Issue 1: Bias in the Selection Committee
The appellant challenged the recommendation of the Selection Committee of Lucknow University for appointing respondent No. 8 as Professor of Anthropology, alleging bias by two experts, Dr. S.C. Dube and Dr. S.R.K. Chopra. The appellant claimed these experts were biased due to personal relations and past conflicts. The High Court dismissed the petition, stating there was no substantial evidence of bias, and the appellant's claims did not demonstrate a reasonable apprehension of bias. The Court emphasized that principles of natural justice require impartiality, but the appellant had voluntarily submitted to the Selection Committee without raising objections initially, thus waiving his right to contest its constitution later.

Issue 2: Maintainability of the Writ Petition and Appeal
The respondent contended that the recommendation was interlocutory and not subject to writ petition or appeal. The Supreme Court noted that the appellant had other remedies available, such as representation to the Executive Council and application u/s 68 of the Uttar Pradesh Universities (Reenactment and Amendment) Act, 1974, which had not been exhausted. Consequently, the appeal was dismissed, reinforcing that the appellant's failure to object to the Selection Committee's constitution at the appropriate time barred him from raising the issue later.

Conclusion:
The appeal was dismissed due to lack of substantial evidence of bias and the appellant's failure to exhaust available remedies, with no order as to costs.