JUDGMENT

D.S. Mathur, J. - This is a petition under Article 226 of the Constitution of India by Dr. S.N. Prasad, Reader in Zoology, Allahabad University, with the prayer that the order passed by the Chancellor of the Allahabad University respondent No. 1, on the representation of Dr. U.S. Srivastava, respondent No. 4. be quashed and the resolution passed by the Executive Council of the University of Allahabad in its meeting held on 19-8-1969 appointing Dr. U.S. Srivastava as Professor and Head of the Zoology Department in the University of Allahabad, be also quashed and the original resolution No. 92 passed on 26th of April, 1969, be restored. At the same time a request was made for a writ of Quo warranto against Dr. U.S. Srivastava to show cause by what authority he was acting as Professor of Zoology, Allahabad University. In the Writ Petition the order of the Chancellor has been referred to as annexure `2', but it has, been reproduced in annexture `III' to the Writ Petition which is the fifth supplementary agenda of the meeting of the Executive Council to be held on 12-7-1969. A copy of the order of the Chancellor has, however, been annexed to the counter affidavit of Sheo Raj Narain filed on behalf of respondent No. 1. It is annexure `I' to this counter affidavit. The two resolutions passed by the Executive Council are annexures `I' and `II' to the counter affidavit of Professor A.B. Lal, Vice-Chancellor of the University of Allahabad.

2. In his writ petition the petitioner had made allegations of mala fide against numerous persons including Professor A.B. Lal, Vice-Chancellor, but during the hearing of the Writ Petition the petitioner gave up such allegations and confined himself to the material facts and the validity of the order of the Chancellor and the second resolution of the Executive Council. These allegations of mala fide cannot also be taken into consideration for the reason that none of the persons complained of were impleaded by name. It shall be found that only Dr. U.S. Srivastava, respondent No. 4. has been made a party by name.

3. Considering that while exercising jurisdiction under Article 226 of the Constitution, the High Court does not usurp the functions of a Court of appeal and it can interfere only if the subordinate authorities had committed some illegality of error in the exercise of jurisdiction, it is not necessary to reproduce in this judgment the pleadings of the parties on the respective merits of the various candidates for appointment to the post of Professor of Zoology.

4. The material facts of the case are virtually not in dispute. Wherever there exists some minor conflict in the version of the parties, this shall be made clear while giving the narrative of the case.

5. The post of the Professor of Zoology, Allahabad University, fell vacant in July 1967 on the retirement of Dr. M.D.L. Srivastava. The University advertised for filling this vacancy under annexure `1' to the Writ Petition and the advertisement was published in the Newspapers of two dates in the month of March, 1967. The last date for submission of the application in the prescribed form was April 15, 1967. The petitioner along with others applied on the prescribed form obtainable on payment of the prescribed fee of Rs. 5/-. Dr. U.S. Srivastava, respondent No. 4, made no such application on the prescribed form but sent a letter dated April 4, 1967, to the Vice-Chancellor requesting to consider him for appointment to the post. Three of the other applicants, for the post were Dr. H.S. Chaudhary, Professor of Zoology in Gorakhpur University, Dr. H.B. Tewari, Professor of Zoology, Udaipur University, and Dr. D.N. Varma, who was then acting as Head of the Department i.e. Professor of Zoology in the Allahabad University. The candidates were called for interview before the Selection Committee in the meeting fixed for July 15, 1967, but the meeting was cancelled. It may here be mentioned that this was not to show favour to any of the candid