Judgment

GAJENDRAGADKAR, J. :

The petition from which these appeals by special leave arise was filed by the respondent, C. D. Govinda Rao, in the Mysore Court under Art. 226 of the Constitution. By that petition, he prayed that a writ of quo warranto be issued calling upon Anniah Gowda to show cause as to under what authority he was holding the post of a Research Reader in English in the Central College, Bangalore. He also prayed for a writ of mandamus or other appropriate writ or direction calling upon the University of Mysore to appoint him Research Reader in the scale of Rs. 500-25-800. His case was that the appointment of Anniah Gowda to the post of Research Reader was illegal in the face of the prescribed qualification and that he was qualified to be appointed to that post. That is why he wanted the appointment of Anniah Gowda to be quashed, and he asked for a writ, directing the University to appoint him in that post. To his petition, he impleaded the University of Mysore by its Registrar, and Anniah Gowda as the opposite party.

2. The University of Mysore and Anniah Gowda disputed the validity of the claim made by the respondent. They urged that Anniah Gowda was property appoin