The court held that the Commission was not bound to have assistance only from the experts who were originally selected. It could change the experts in unavoidable circumstances. The court also held that the requirement of advertising the post of University Professor was not imperative, as the Vice-Chancellor, with the approval of the Chancellor, could fill up some posts by negotiation in exceptional cases. The court further held that the provision in the Statute requiring the Syndicate to record reasons for not appointing the first nominee of the Commission was not mandatory.

Shambhu Prasad Singh, J.

In December 1962, the Patna University, hereinafter to be referred to as "University", got advertised through the Bihar Public Service Commission, hereinafter to be referred to as "the Commission", the post of University Professor of Economics. After the applications were received on the 2nd of May, 1963, the Commission interviewed the candidates. On that date only one of the experts was present. The candidates were directed to appear at another interview on the 2nd of December, 1963. No interview could be held even on that date as both the experts were not present. On the 10th of July, 1964, the Commission finally inter. viewed the candidates including Dr. R. N. Tripathy (petitioner in C. W.J.C. No. 360 of 1967), Dr. K. N. Prasad (petitioner in C.W.J.C. No. 484 of 1967) and Professor Dibakar Jha (respondent no. 4 to both the writ applications). The Commission recommended two names, namely, those of Dr. K. N. Prasad and Professor Dibakar Jha in accordance with the merit. On the 29th of August, 1964, the Syndicate of the University appointed Professor Dibakar Jha to the post though he was the second nominee of the Commission. Dr. K.N. Prasad, the first nominee, was appointed to another post of floating University Professor of Economics. Three posts of floating University Professors were created by the resolution of the Senate dated the 23rd of March, 1956. By the resolution of the Academic Council dated the 28th of February, 1962, one of these posts was assigned to Economics. This post of floating University Professor of Economics was never advertised. As against the order of the Syndicate, both Dr. K. N. Prasad and Dr. R.N. Tripathy filed representations to the Chancellor, who by his order dated the 5th of May, 1967 (Annexure 'I' to the petition in C.W. J.C. No. 360 of 1967 and Annexure 'R' to the petition in C.W.J.C. No. 484 of 1967) rejected the representations• Thereafter Dr. R. N. Tripathy has filed his writ application before this Court for quashing the order of thy Chancellor (Annexure 1), the resolution of the Syndicate appointing Professor Dibakar Jha and Dr. K. N. Prasad (Annexure 7) and (another resolution of the Syndicate dated Abe 14th of September, 1964, confirming the previous resolution appointing Professor Dibakar Jha and Dr. K. N. Prasad with slight modifications (Annexure 6). He has also prayed that the recommendation of the Commission be declared void. Dr. K. N. Prasad in his writ application has prayed for quashing the said order of the Chancellor and the resolution of the Syndicate appointing Professor Jha as the University Professor of Economics and allowing him to continue as Head of the University Department of Economics.

2. As the questions raised in the two writ applications are inter-related, they have been heard together and are being disposed of by this judgment.

3. In the application in C. W. J. C. No. 360 of 1967 and in the counter-affidavits filed by Professor Jha and Dr. Prasad allegations and counter-allegations have been made as to their respective merits for the posts but Mr. Basudeva Prasad appearing for Dr. Tripathy has frankly conceded that this Court in exercise of its extraordinary writ jurisdiction cannot go into the question. In support of the applications he had advanced the following two contentions, namely, (i) the appointment of Professor Jha was ultra vires of Section 26 (2) (iii) of the patna University Act, 1961, hereinafter to be referred to as "the Act", inasmuch as the Commission changed the experts who were originally invited to assist it; and (ii) the appointment of Dr. K. N. Prasad was ultra vires of Section 26 of the Act read with statutes framed under Section 30 (f) of the Act because the post was never advertised.

4. Mr. J. C. Sinha, appearing for Dr. K. N. Prasad in C. W. J. C. No. 484 of 1967, has challenged the resolution of the Syndicate appointing Professor Jha on the ground that according to the statute of the University the Syndicate