M. L. JOSHI, J.

( 1 ) BY this petition under Article 226 of the Constitution of India, petitioner challenges the validity of the appointment of non-petitioner No. 3 Dr. S. Divakaran as Professor Structural Engineering, Dean Faculty of Engineering and his nomination to the Syndicate in the capacity of Dean and prays for quashing the same. It has also been prayed that the petitioner be declared entitled to be nominated to the Syndicate instead.

( 2 ) THE case of the petitioner as set up in the writ petition, briefly stated, is as follows:--

( 3 ) THE petitioner was authorised to exercise the powers of Dean of Faculty of law by the Vice Chancellors order dated 8-10-1974 till further orders. The petitioner alleges that this order did not meet the requirement of Statute 4 (1), and was rather made with malice and bias which the Vice Chancellor bore against him as he did not like to nominate the petitioner on the Syndicate. The petitioner further avers that under Statute 4 of the University Statutes (in brief statutes) two members were to be nominated from the Deans of Faculties by rotation in the order given in paragraph 6 of the writ petition. The Vice chancellor nominated Pro