Judgment

KULDIP SINGH, J. - Special leave granted in both the petitions.

2. Dr. Prafulla Kumar Mohapatra was selected for the substantive post of Professor of Philosophy by the Selection Committee constituted by the Utkal University, Bhubaneswar, Orissa. A day after the selection three members of the Selection Committee addressed two letters to the Vice-Chancellor stating therein that the selected candidate did not possess the requisite qualifications. The letters were ignored and Dr. Mohapatra was appointed to the post he was selected. Dr. Bijayananda Kar, respondent challenged the selection and appointment of Dr. Mohapatra by way of a writ petition under Art. 226 of the Constitution of India before the Orissa High Court. A Division Bench of the High Court allowed the writ petition, set aside the selection and appointment of Dr. Mohapatra and directed that Dr. Kar be appointed to the substantive post of Professor of Philosophy in the Utkal University. These two appeals, by way of special leave, against the judgment of the High Court, are by the Utkal University and by Dr. Mohapatra.

3. The facts of the case, briefly stated, are that Utkal University, by an advertisement dated Novembe