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 advertisement amending the earlier advertisement. The revised advertisement stated the required qualifications as under:

"First or second class Master s degree in Political Science or in an allied subject like History or Economics of an Indian University or an equivalent qualification of a foreign university......"

3. As required by the Act, the State Public Service Commission had to recommended name or names of the candidates for the appointment. For this purpose two experts in the subject, Dr. M. P. Sharma of the Saugar University and Dr. Bhaskaran of the Madras University, were to assist the Commission. At the interviews of the candidates taken by the Commission on March 4, 1963, Dr, Sharma was present, but the other expert could not attend. His views, therefore, had to be communicated to the Commission by post. The Commission recommended respondent 1 herein as the candidate suitable for the post.

4. On May 7, 1963, the Syndicate of the University, which had by that time been constituted under the Act, held its meeting to consider the Commission s recommendation. The minutes of the meeting, as drawn up, stated the resolution said to have been passed by a majority of 9 to 8 in the following terms:

"Not to proceed with the question of making this appointment."

As appearing from subsequent events, it would seems that the said minutes were not correctly drafte. The Vice-Chancellor also appears to have understood that the decision taken at the said meeting was that the Commission s recommendation was not acceptable to the Syndicate and not that the Syndicate was not to proceed with the question of making the appointment. According, at this instance, the Registrar of the University, by his letter dated June 11, 1963, informed the Commission that the Syndicate had resolved not to accept its recommendation and he had, therefore, to request the Commission to reconsider its aforesaid recommendation under Section 26 (4) of the Act. On June 22, 1963, the Commission wrote back to say that it found no reason to reconsider its earlier recommendation. At the next meeting of the Syndicate held on July 3, 1963, amongst these who were present were 16 out of the 17 members who had attended the previous meeting of May 7, 1963. When the minutes of the previous meeting were placed for confirmation, it was found that the minutes as drafted, namely, "not to proceed with the question of making this appointment" did not represent the resolution which was actually passed. Those words were, therefore, scored out and instead the words "not to accept the recommendation of the Commission" were substituted so as to bring the minutes in conformity with the resolution actually passed. Thereafter, the meeting considered the Commissioner s recommendation and appoint respondent 1 to the post of Un