ORDER

Leave granted.

Substitution allowed.

2. This appeal by special leave is from the judgment of the Patna High Court. Ranchi Bench, made on May 2, 1996 in LPA No. 17/1996.

3. The admitted facts are that Maulana Azad College, Ranchi established in 1970 is a minority institution; minority status is given by the State Government. Pursuant to an agreement dated December 15,1972, it was agreed that no new posts shall be created in the College without obtaining prior permission of the Vice-Chancellor. Two posts were created by the Governing Body on September 7, 1975. One, Anup Narain Singh and one Pandey Janardhan Prasad were appointed on April 8, 1976. Pandey Janardhan Prasad ceased to work from February 10, 1979. Thereafter, the first respondent, Syed Asad Raza came to be appointed on July 1, 1979. The question is whether the prior sanction from Vice Chancellor for the post to which Syed Asad Raza came to be appointed is a pre-condition? Section 35 of the Bihar State Universities Act, 1976 has stepped in and states that :

"35 (1) No post for appointment shall be created without the prior sanction of the State Government. Notwithstanding anything contained in this Act, no University