CHETKAR JHA Vs. VISHWANATH PRASAD VERMA

JUDGEMENT

(1.) This appeal, by certificate, is directed against the judgment of the High Court of Patna, dated March 8, 1965, whereby it set, aside the order of the Chancellor of the University of Patna, dated September 26, 1964, passed under Section 9 (4) of the Patna University Act III of 1962 (hereinafter referred to as 'the Act').

(2.) On the retirement of one Dr. Muhar as the University Professor or Political Science, a permanent vacancy occurred in that post. The Vice-chancellor of the University, after obtaining the approval of the Chancellor for filling up the vacancy by direct recruitment, got the post advertised through the Bihar Public Service Commission. In his letter requesting the approval, the Vice-Chancellor had stated that he did not purpose to lay down any qualifications in addition to those prescribed under the relevant University Statute. The advertisement, as published by the Commission, announced the necessary qualifications as under:

(3.) As required by the Act, the State Public Service Commission had to recommended name or names of the candidates for the appointment. For this purpose two experts in the subject, Dr. M. P. Sharma of the Saugar University and Dr. Bhaskaran of the Madras University, were to assist the Commission. At the interviews of the candidates taken by the Commission on March 4, 1963, Dr, Sharma was present, but the other expert could not attend. His views, therefore, had to be communicated to the Commission by post. The Commission recommended respondent 1 herein as the candidate suitable for the post.