( 1 ) THE petitioners in this application under Article 226 of the Constitution are members of the Jabalpur University Court. The applicant Dr. S. C. Barat is also a member of the Executive Council of the University and the other petitioner is a member of the Academic Council. They have filed this application for quashing by a suitable writ an order made by the respondent No. 1 the Chancellor of the university, appointing the respondent No. 4, Shri Avadh Bihari Mishra, as the Vice-Chancellor and for the issue of suitable directions to the Chancellor for the appointment of the Vice-Chancellor of the University in accordance with Section 11 of the Jabalpur University Act, 1956.

( 2 ) THE material facts are that the term of the respondent No. 3, Pt. Kunjilal Dubey, as the Vice-Chancellor was due to expire on 11th June 1961, and the appointment of a new Vice-Chancellor had to be made. According to Section 11 the Vice-Chancellor is appointed by the Chancellor from a panel of not less than three names recommended by a committee constituted in accordance with Sub-section (2 ). This Committee is constituted by the Chancellor and consists of three persons. One of them is