‘Don’t interfere in academic matters’
In order to preserve the academic independence, the Supreme Court has directed the courts below not to interfere unnecessarily in cases related to academicians unless there was a clear “mala fide” in the decisions of university and other institutional authorities. “We reiterate and reaffirm the legal position that in the academic
matters, the courts have a very limit role particularly when no mala fide has been alleged against experts constituting the selection committee” in the appointment of academicians and professors.
“It would normally be prudent, wholesome and safe for the courts to leave the decisions to academicians and experts. As a matter of principle, the courts should never make endeavour to sit in appeal over the decisions of the experts. The courts must realise and appreciate their constraints and limitations in academic matters,” a bench of Justices Dalveer Bhandari and T.S. Thakur said.
The direction came from the apex court in a judgement deciding the cases of Mysore University’s Dr Basavaiah and Dr D. Manjunath, appointed as “Readers” in Sericulture Department in 1999. Both of them had vast research and teaching experience in the field of Sericulture, the court pointed out.
But their appointment was challenged by another professors lead by Dr H.L. Ramesh, questioning their eligibility for appointment as Reader in Sericulture Department.
A single judge of Karnataka HC dismissed Dr Ramesh’s petition and he filed an appeal before the division bench, which allowed the same and set aside the appointment of Dr Basavaiah and Dr Manunath.
The apex court was not convinced with the findings of the HC’s division bench and held that an expert committee had scrutinised the experience and published work of the two professors and “unanimously” recommended their appointments.
In view of this, the apex court set aside the order of the division bench and directed that both the Readers should be appointed on regular basis and given the full pay scale from August 1.
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