( 1. ) THE order in this petition shall also govern the disposal of Misc. Petition No. 3116 of 1986 (Dr. Mehboob Khan vs. Dr. Harisingh gour Vishwa Vidyalaya through its Vice-Chancellor and others), since identical questions are involved in these two petitions and common arguments were advanced. These two petitioners challenge the selection and the appointment of dr. R. S. Kasana as a Professor of Physics in the Dr. Harisingh Gour Vishwa vidyalaya, Sagar (hereinafter referred to as the University), vide Annexure P-4 dated 3-3-1986.

( 2. ) THE petitioner Dr. Rameshwarnath (in M. P. No. 1075/86) joined the university as a Lecturer in Physics in the year 1965 and was confirmed on that post in the year 1967. Subsequently, he was promoted as a Reader in the department of Physics in the year 1979 and confirmed on the said post in the year 1981. Between the years 1980 to 1984, the petitioner was sent on deputation by the Government of India as a Professor of Physics in the University of Batna, Algeria.

( 3. ) THE petitioner Dr. Mahboob Khan (in M. P. No. 3116/86) also belongs to the Department of Physics of the University, having joined as temporary assistant Professor on a stopgap arrangement in the year 1967 and subsequently was appointed as such by the Executive Council in the year 1973. His appointment to the post of Assistant Professor was made permanent under the provisions of clause VI of the Statute 31, framed under the Madhya Pradesh vishwa Vidyalaya Adhiniyam, 1973 (hereinafter referred to as the Act of 1973)with effect from 16-3-1975, on which post, he was later on confirmed.

( 4. ) THE University is a body corporate whose affairs are governed by the act of 1973 and the statutes and Regulations framed thereunder. It appears that two posts of Professors and one Post of Reader fell vacant in the Department of physics and, therefore, the respondent/university advertised the said posts for appointment on 5-12-1984 vide Ann. P-1 but the same could not be filled up and, therefore, the respondent/university readvertised the same vide Annexure P-2 on 6-7-1985. In pursuance to the advertisement, both these petitioners, along with others, applied for the posts of Professor in Physics. The petitioner dr. Mehboobkhan, in addition also applied for the post of Reader in Physics.

( 5. ) FOR the purposes of selection, the respondent/university constituted a selection committee in exercise of the powers conferred under sub-section (2) of section 49 of the Act of 1973 which provides for the appointment to the teaching posts in the University. The selection committee so constituted interviewed nine candidates who had applied for the post of Professor in Physics on 30-1-1986 and selected the respondent No. 2, Dr. R. S. Kasana on the basis of his merit, qualification and experience. Accordingly, the Executive Council on the basis of the merit list recommended by the Selection Committee appointed dr. R. S. Kasana as a Professor in Physics in the Department of Physics of the respondent/university, on probation for a period of two years which was liable to be extended by a further period of one year, vide order dated 3-3-1983, (Annexure P-4 ). It is this order which is being challenged by the petitioners in these two petitions.

( 6. ) THE learned counsel for the petitioners made a two-fold submission, namely :

(i) that the selection committee was illegally constituted under section 49 (2) of the Act of 1973 and, therefore, any selection made by it was invalid and,

(ii) that the selection committee did not perform its statutory duty under Section 49 (4) of the Act of 1973.

( 7. ) ELABORATING his submission regarding the illegality in the constitution of the selection committee, the learned counsel for the petitioner submitted that shri V. C. Mishra, who participated in the deliberations of the selection committee was not a duly appointed Rector on the day the selection committee interviewed the prospective candidates for appointment of the Pr