Judgment

SHELAT, J.: This appeal, by certificate, is directed against the judgment of the High Court of Patna, dated March 8, 1965, whereby it set, aside the order of the Chancellor of the University of Patna, dated September 26, 1964, passed under Section 9 (4) of the Patna University Act III of 1962 (hereinafter referred to as the Act ).

2. On the retirement of one Dr. Muhar as the University Professor or Political Science, a permanent vacancy occurred in that post. The Vice-chancellor of the University, after obtaining the approval of the Chancellor for filling up the vacancy by direct recruitment, got the post advertised through the Bihar Public Service Commission. In his letter requesting the approval, the Vice-Chancellor had stated that he did not purpose to lay down any qualifications in addition to those prescribed under the relevant University Statute. The advertisement, as published by the Commission, announced the necessary qualifications as under:

"First or second class Master s degree in the subject of an Indian University or an equivalent qualification of a foreign University......"

A little later, the Vice-Chancellor got published through the Commission another advertis