TaxTMI 
TaxTMI 
2002 (1) TMI 1290
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....ost. On 10th August 1994, an advertisement was again issued for the post of Professor, Marine Science. The hand-out distributed to the applicants prescribed the minimum qualifications as: "An eminent scholar with public work of high quality actively engaged in research with 10 years of experience in post graduate teaching and/or research at the University/National level Institution including experience of guiding research at doctoral level. OR An outstanding scholar with established reputation which significant contribution to knowledge." 4. Additional qualifications prescribed by the University Grants Commission were also stated as: "Specialisation: M.Sc., Ph.D. in Marine Science or any related subject with outstanding accomplishments of teaching and research in branches of Marine Science, Marine Biology, Marine Biotechnology Marine Geology, Chemical Oceanography or Physical Oceanography with a proven record of publications in international journals". 5. Both the appellant and the respondent No. 5 applied for the post. Both of them were Readers in the Department of Marine Science, the respondent No. 5 being senior most. Both were called for inte....
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....because the respondent- University had given an oral assurance to the Court that the respondent No. 2 would not be participating in the selection process. This has been denied by the appellant and the University. 10. On 13th September 1995, interviews were held as scheduled. However, the respondent No. 2 did not take part in the selection process. The Selection Committee found that neither the appellant nor the respondent No. 5 were suitable for the post. 11. In October 1995, a fresh advertisement was issued for the post. This time, although the essential qualifications as advertised in 1994 remained the same, the additional qualifications were amended so that the specialisation read: "Professor of Marine Science: Specialisation: Any branch of Marine Sciences, namely physical Oceanography, Marine Chemistry, Marine Geology or Marine Geology or Marine Biology." 12. The requirement of 'M.Sc.-Ph.D. in Marine Science or any related subject with outstanding accomplishment of Teaching and Research and also with proven record of publications in international journals' was done away with. 13. A fresh Selection Committee was constituted pursuant to the 1995 adver....
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....sity of Goa was established in 1984 by the Goa University Act, 1984 (hereinafter referred to as 'the Act'). The Act provides for the management and running of the University by Statutes framed under Sections 22 and 23, Ordinances under Section 24 and Regulations under Section 25. Under the Act, the Lt. Governor of the Union Territory has been constituted ex- officio Visitor of the University. By virtue of an amendment to the Act in 2000, the Visitor is now known as the Chancellor of the University. The Chancellor is the Head of the University. Among the authorities of the University, we are concerned with the Executive Council and the Academic Council. The Executive Council is the principal executive body of the University (Section 18) and is empowered by Section 23(2) to make Statutes subject to the approval of the Chancellor dealing with a range of subjects including the appointment of teachers and other academic staff of the University. The Academic Council is, on the other hand, the principal academic body of the University and is mandated to 'subject to the provisions of the Act, the Statutes and Ordinances, co-ordinate and exercise general supervision over the aca....
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....y the respondent No. 5. He knew that there was a change in the eligibility criteria for the post yet he applied for the post and appeared at the interview without protest. He cannot be allowed to now contend that the eligibility criteria were wrongly framed. 23. We then come to the question of the qualifications of the appellant and whether he was qualified to have at all been considered for appointment to the post of Professor. 24. If we analyse the 1995 advertisement and hand-out it will be seen that the minimum qualifications prescribed for a candidate were that he/she had to be: (a) an eminent scholar; (b) with work of high quality; (c) actively engaged in research; (d) with 10 years' experience in post-graduate teaching and/or research at the University/ national level institution including experience of guiding research at doctoral level OR (a) an outstanding scholar (b) with established reputation; (c) with significant contribution to knowledge. 25. For a candidate to be qualified under the second limb, apart from a brilliant academic record and having an established standing, the candidate ....
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....ility, since it is for the University to decide what kind of research would be adequate to qualify for professorship. The University had intended, understood and consistently proceeded on the basis that the pre-doctoral research could be counted towards the 10 years experience clause. So did the respondent No. 5. When the respondent No. 5 applied for the post when it was advertised in 1994 he did not have 10 years cumulative experience of teaching and post doctoral research. Since he had obtained a doctorate degree in November 1985, the University also considered his application and called him for an interview in September 1985 though according to a strict interpretation of the eligibility criteria the respondent No. 5 was not qualified. Finally in Dr. Kumar Bar Das V. Utkal University 1999 (1) SCC 453, this Court in construing similar eligibility criteria has held (at p. 458) that the research required could include pre-doctoral research experience. 29. Then it was said that the Selection Committee was faultily constituted. Statute 15 has already been quoted earlier. According to the Registrar's affidavit, the Academic Council had prepared a panel of subject experts and for....
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....ence of Dr. Chandramohan the quorum would have been incomplete. According to the Registrar's affidavit, this was a typographical error as Dr. Chandramohan had in fact participated and signed the Report. The statement of the Registrar on oath should have been accepted by the High Court, particularly when there was no allegation even on the part of the respondent No. 5 that Dr. Chandramohan did not in fact sit on the Selection Committee. 32. This brings us to the issue of bias. 33. Bias may be generally defined as partiality or preference. It is true that any person or authority required to act in a judicial or quasi-judicial matter must act impartially. "If however, 'bias' and 'partiality' be defined to mean the total absence of preconceptions in the mind of the judge, then no one has ever had a fair trial and no one ever will. The human mind, even at infancy, is no blank piece of paper. We are born with predispositions and the processes of education, formal and informal, create attitudes which precede reasoning in particular instances and which, therefore, by definition, are prejudices". 34. It is not every kind of bias which in law is taken to vitia....