( 1 ) (AGREEING with SEETHARAM REDDY, J.):- This Writ Petition has been posted before me on a difference of opinion arising between two learned members of a Division Bench. The issue upon which the two learned Judges differed is undoubtedly of great significance, besides being a difficult one.

( 2 ) (A) The three-year term of Prof. M. V. Rama Sarma, Vice-Chancellor of Sri Venkateswara University, expired on 26-9-1983. A successor had to be found. For that purpose, a Committee consisting of a nominee of the Chancellor, a nominee of the State Government, and a nominee of the Syndicate was constituted, as required by S. 12 of the Sri Venkateswara University Act, 1954. The Syndicate nominated Dr. P. Siva Reddy, while the Government nominated Sri Kasipandyan, I. A. S. , Secretary to Government, Panchayati Raj Department. Sri M. V. Rajagopal, I. A. S. (Retd.), a former Vice-Chancellor of Jawaharlal Nehru Technological University and a former Secretary to Government, Education Department, was nominated by the Chancellor. Sri Kasipandyan was made the Convenor of the Committee. The Committee met and, by its proceedings dt. 6-12-1983, recommended a panel of three names for consideration and appointment as Vice-Chancellor. The three names recommended were: (1) Sri I. J. Naidu, I. A. S. , (Retd.), former Chief Secretary to the Government of Andhra Pradesh and Advisor to the Governor of Tamil Nadu; (2) Prof. G. N. Reddy, a Member of the Syndicate of Sri Venkateswara University; and (3) Sri Sheik Mowla, I. A. S. , (Retd.), Registrar, A. P. Agricultural university, and former Joint Director of Public Instruction.

( 3 ) THE note-file placed before me shows that, the Government recommended the appointment of Sri I. J. Naidu, but, when the matter came up before the Chancellor (the Governor of Andhra Pradesh), he called for the big-data of the three individuals, included in the panel, on 6-3-1984, which was accordingly supplied. On 2-5-1984 the Council of Ministers met and considered, among other matters, the one relating to the appointment of Vice-Chancellor of this University, and unanimously resolved to request the Governor/chancellor to agree to the recommendation already made by the Government. However, on 3-5-1984, the Chancellor passed the following order:"the Selection Committee had proposed on 6-12-1983 a panel consisting of three names in alphabetical order. The big-data of the individuals included in the panel, furnished on 20th March, 1984, have been gone through carefully. The proposals have been discussed with the C. M. also. Prof. G. N. Reddy, Member of the Syndicate of Sri Venketeswar University, has been serving this University as Professor of Telugu since 1965. He has an excellent record of academic eminence, including an impressive list of published books and research papers in Telugu to his credit. Considering the need to give opportunities to the academic community also, I appoint Prof. G. N. Reddy as Vice-Chancellor of Sri Venkateswara University, Tirupathi. Notification be issued accordingly. Sd/- Ram Lal, chancellor. . . . . . . . . "

( 4 ) ON the same day, the Secretary to the Governor of Andhra Pradesh, Sri M. V. Natarajan, wrote to Sri V. P. Rama Rao, I. A. S. , Principal Secretary to Government, Education Department, enclosing the order of appointment and requesting the Principal Secretary to arrange for the publication of the necessary notification in the next issue of the Andhra Pradesh Gazette. To the said letter was enclosed the formal notification , which reads as follows:"in exercise of the powers conferred on me by Cl. (a) of sub-sec. (1) of S. 12 of Sri Venkateswara University Act, 1954, as subsequently amended, I, Ram Lal, Chancellor, Sri Venkateswara University, hereby appoint Prof. G. N. Reddy as the Vice-Chancellor of Sri Venkateswara University for a period of three years with effect from the date of his assuming charge. Sd/- Ram Lal, chancellor. . . . . . . . . "

( 5 ) THE note-file shows