1991 (11) TMI 255

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.... a renowned National Institute of Mental Health and Neuro Sciences at Bangalore. It has been established by the co-ordination of the State and Central Government. It is an institute for higher studies and research in the field of Neuro Sciences and allied subjects. It is also a recognised institution for diagnosis and treatment of disorders of the mind and nervous system. The institute provides for training in Neurology, Neuron-surgery, Psychiatry and allied disciplines and preparing students for post-graduate degree and diploma. The institute has been registered as a society under the Karnataka Societies Registration Act, 1964. 3. By advertisement dated 20, June, 1979, NIMHANS invited applications inter alia, for the post of professor in ....

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....ogy. The High Court appears to make two points : (i) that it was not possible to say with any degree of confidence that Dr. Kalyana Raman's case has received a fair and reasonable consideration at the hands of the Selection Committee; and (ii) that the Selection Committee has not given any reason, however, brief, to establish any rational nexus between the facts said to have been considered by the Selection Committee and the conclusion drawn by it on the basis of those facts, and the proceedings of the Selection Committee cannot, notwithstanding the eminence of its personnel be upheld. 7. We will first consider the second point. In the first place, it must be noted that the function of the Selection Committee is neither judicial nor ad....

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....re an administrative authority or a Selection Committee or an examiner to record reasons for the selection or non-selection of a person in the absence of statutory requirement. This principle has been stated by this Court in R. S. Dass v. Union of India in which Capoor case was also distinguished. 8. As to the first point we may state at the outset that giving of reasons for decision is different from, and in principle distinct from, the requirements of procedural fairness. The procedural fairness is the main requirement in the administrative action. The 'fairness' or 'fair procedure' in the administrative action ought to be observed. The Selection Committee cannot be an exception to this principle. It must take a decision ....