TMI Blog2008 (8) TMI 886X X X X Extracts X X X X X X X X Extracts X X X X ..... t of Reader in Public Administration, applied for the aforementioned post on the prescribed format. A Selection Committee interviewed the appellant on 18.7.2004 as per the call letter dated 8.7.2004. The appellant was selected as Reader and he joined as such on 4.4.2005. 6. Respondent No. 2 herein, Dr. Raj Kumar Siwach, who was a Lecturer in Public Administration had also applied for the post of Reader, but he was not selected and instead the appellant was selected. Hence, respondent No. 2 filed a writ petition in the Punjab Haryana High Court being CWP No. 6642/2005 in which he alleged that the appellant herein, Dr. Rajbir Singh Dalal, did not possess the requisite qualification for the post of Reader in Public Administration. It was alleged in the writ petition that the appellant was an M.A. and Ph.D. in Political Science and not in Public Administration. Hence, it was alleged that the appellant was not eligible for being selected and appointed as Reader in Public Administration. 7. In the counter affidavit filed by respondent No. 1, the University, it was stated that Public Administration is one of the branches of Political Science, and hence the appellant herein was rig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat time through duly constituted Selection Committee for making appointments to the teaching posts have been made prior to the enforcement of these regulations. 1.3.2. Reader Good academic record with a doctoral degree or equivalent published work. In addition to these, candidates when join from outside the university system, shall also possess at least 55% of the marks or an equivalent grade of B in the 7 point scale with latter grades, O, A, B, C, D, E and F at the Master's degree level. Five years of experience of teaching and/or research excluding the period spent for obtaining the research degrees and has made one mark in the areas of scholarship as evidenced by quality of publications, contribution to educational innovation, design of new courses and curricula. 1.3.3. Lecturer Good academic record with at least 55% of the marks or, an equivalent grade of B in the 7 point scale with latter grades, O, A, B, D, D, E and F at the Master's degree level, in the relevant subject from an Indian University, or an equivalent degree from a foreign university. Besides fulfilling the above qualifications, candidates should have cleared the eligibility test (NET) for l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6 as meaning `any person interested in what is held to be a waqf'. 15. Similarly, in State Bank of Travancore vs. Mohammad AIR 1981 SC 1744, while construing section 4(1) of the Kerala Agriculturists Debt Relief Act, 1970 the Supreme Court interpreted the words `any debt due before the commencement of this Act to any banking company' as meaning `any debt due at and before the commencement of this Act'. 16. Similarly, in Gujarat Composite Ltd. vs. Ranip Nagarpalika AIR 2000 SC 135, the Supreme Court interpreted the words `Grog Minerals' to mean `Grog Minerals'. In Divisional Personnel Officer, Southern Railway vs. T. R. Challappan AIR 1975 SC 2216, the Supreme Court interpreted the words `any party to an arbitration agreement' occurring in section 33 of the Indian Arbitration Act, 1940 to mean `a person who is alleged to be a party to an arbitration agreement'. 17. We may also consider the matter from our traditional principles of interpretation known as the `Mimansa Rules of Interpretation'. 18. It is deeply regrettable that in our Courts of law lawyers quote Maxwell and Craies but nobody refers to the Mimansa Principles of interpretati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... principle permits us to add words to a legal text. However, the superiority of the Mimansa Principles over Maxwell's Principles in this respect is shown by the fact that Maxwell does not go into further detail and does not mention the sub-categories coming under the general category of casus omissus. In the Mimansa system, on the other hand, the general category of adhyahara has under it several sub-categories, e.g., anusanga, anukarsha, vakyashesha, etc. Since in this case we are concerned with the anusanga principle, we may explain it in some detail. 22. The anusanga principle (or elliptical extension) states that an expression occurring in one clause is often meant also for a neighbouring clause, and it is only for economy that it is only mentioned in the former (see Jaimini 2, 2, 16). The anusanga principle has a further sub- categorization. If a clause which occurs in a subsequent sentence is to be read into a previous sentence it is a case of Tadapakarsha, but when it is vice-versa it is a case of Tadutkarsha. 23. The Anusanga principle of Mimansa was used by Jimutvahana in the Dayabhaga. Jimutvahana found that there is a text of Manu which states: Of a woman ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A. Ph. D. degrees in Political Science and are working as teachers in Public Administration department, and vice versa. 29. In Tariq Islam vs. Aligarh Muslim University Ors. (2001) 8 SCC 546, following its earlier decision in the Constitution Bench of this Court in University of Mysore vs. C.D. Govinda Rao, AIR 1965 SC 491 this Court observed that normally it is wise and safe for the Courts to leave the decision of academic matters to experts who are more familiar with the problems they face than the courts generally are . 30. A similar view has been expressed in several decisions of this Court e.g. Dr. Uma Kant vs. Dr. Bhika Lal Jain JT 1991 (4) SC 75 (para 9), Bhushan Uttam Khare vs. The Dean, B. J. Medical College Ors. JT 1992(1) SC 583 (para 8), Rajender Prasad Mathur vs. Karnataka University Anr. AIR 1986 SC 1448 (para 7) = 1986 Supp. SCC 740 (para 7), P.M. Bhargava Ors. vs. U. G. C. Anr. 2004 (6) SCC 661 (Para 13), Chairman, J K State Board of Education vs. Feyaz Ahmed Malik Ors (2000) 3 SCC 59, Varanaseya Sanskrit Vishwavidyalaya Anr. vs. Dr. Rajkishore Tripathi Anr. (1977) 1 SCC 279 (para 12), Medical Council of India vs. Sarang Ors. (2001) 8 SCC 4 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... id judgment it has been observed: Though the Department concerned for which the appointment is to be made is that of `Political Science and Public Administration', the appointment with which we are concerned, is of Lecturer in Political Science and not Public Administration and subject-matterwise they are different and not one and the same. It is not in controversy that the posts of Lecturers in Public Administration and in Political Science are distinct and separate and on selection the appellant could not have been appointed as Lecturer in Public Administration. 36. A perusal of the above passage shows that the observation that Political Science and Public Administration are distinct and separate subjects was apparently given on a concession, because what has been stated therein is that it is not in controversy that the post of Lecturer in Public Administration and Political Science are distinct and separate. The use of the words `it is not in controversy' shows that a concession was made on the point by learned counsel for the respondent in that case. Hence the observation cannot be regarded as a precedent. 37. Moreover, no reasoning has been given in the af ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the background of the facts of that case. It has been said long time ago that a case is only an authority for what it actually decides, and not what logically follows from it. 43. In Bhavnagar University vs. Palitana Sugar Mills Pvt. Ltd (2003) 2 SC 111 (vide para 59), this Court observed:- It is well settled that a little difference in facts or additional facts may make a lot of difference in the precedential value of a decision. (Emphasis supplied) 44. As held in Bharat Petroleum Corporation Ltd. another vs. N.R.Vairamani another (AIR 2004 SC 4778), a decision cannot be relied on without disclosing the factual situation. In the same Judgment this Court also observed: Court should not place reliance on decisions without discussing as to how the factual situation fits in with the fact situation of the decision on which reliance is placed. Observations of Courts are neither to be read as Euclid`s theorems nor as provisions of the statute and that too taken out of the context. These observations must be read in the context in which they appear to have been stated. Judgments of Courts are not to be construed as statutes. To interpret words, phrases and pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plea is to keep the path of justice clear of obstructions which could impede it. 45. In view of the above, we are of the opinion that the decision of this Court in Dr. Bhanu Prasad Panda's case (supra) cannot be read as a Enclid's formula or treated as a precedent, since it has not given any reason for holding that Political Science and Public Administration are distinct and separate subjects, and since the aforesaid decision was given on a concession. 46. For the foregoing reasons, we are of the opinion that the impugned judgment and order of the High Court cannot be sustained and it is hereby set aside. The appeal is allowed and the writ petition filed in the High Court stands dismissed. There shall be no order as to costs. .............................J. (Markandey Katju) New Delhi; August 6, 2008 SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. ________ OF 2008 (Arising out of S.L.P.( C) Nos.19142 OF 2006) Dr.Rajbir Singh Dalal Versus. Chaudhary Devi Lal University, Sirsa Another JUDGMENT Altamas Kabir, J. 1. Having had the benefit of going through my learned brother's draft judgment, I wish to indi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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