Koshy, J.

In the writ appeal and the original petition the appellant and the petitioner challenge Clause 4(a) of the Mahatma Gandhi University Ordinances. The questions involved are two. They are as follows:

i) Whether the Government can interfere with the right of the educational agencies to appoint and make promotions to teaching posts and constitute screening/selection committee with Govt. Secretary and the Director of Collegiate Education?

ii) Whether the University can make Ordinances against the provisions of the University Act and incorporate a new provision for the selection and appointment of the Head of the Department?

It is stated that in view of the subsequent Government Order no decision is required on the first issue. The only question now to be decided is regarding the correctness of Clause 4(a) of Ordinance in so far as it prescribes that the post of Head of the Department can be filled up only on the basis of seniority alone.

2. It is not disputed that Ordinances are made by the University on the basis of the powers given by the Act. Section 59 of the Mahatma Gandhi University Act deals with appointment of teachers in private Colleges. Section 59 (1), (2) an