ISHWAR CHANDRA Vs. SATYANARAIN SINHA

JUDGEMENT

(1.) This is an appeal by Special leave against the summary dismissal of a Writ Petition filed by the appellant against the order of the Chancellor of the Saugar University dated the 15th June 1970 by which his appointment as Vice-Chancellor of that University was cancelled.

(2.) It may at the outset be mentioned that the appointment of the Vice-Chancellor of the Saugar University is made by the Chancellor of that University under Section 13 of the University of Sugar Act, 1946 (hereinafter referred to as "the Act") from a panel of not less than three persons recommended by the Committee constituted under sub-section (2) of that section. The Committee to be constituted under sub-section (2) was to consist of three persons, two of whom shall be elected by the Executive Council by single transferable vote from amongst persons not connected with the University or a College and the third shall be nominated by the Chancellor who was also empowered to appoint one of them as chairman of the Committee. It is unnecessary to refer to other provisions of this Section because these are not relevant for the purpose of this appeal. It appears that under the above provisions a Committee to submit a panel of names for the appointment of a Vice-Chancellor for the University was duly constituted consisting of two persons elected by the executive Committee of the University, namely, G. K. Shinde, Retired Chief Justice and Justice T. P. Naik of the Madhya Pradesh High Court while the third member Shri C. B. Agrawal, Retired Judge of the Allahabad High Court was nominated by the chancellor, Rajmata Vijaya Raje Scindia who also appointed G. K. Shinde as the Chairman of the Committee. The Chairman thereafter appears to have carried on a correspondence to fix a convenient place and time for the meeting, which was ultimately fixed at Indore on the 4th of April 1970. Justice Naik was, however, unable to attend the meeting and in his absence the other two per sons, Shri Shinde and Shri Agrawal met as a Committee and submitted a panel of names from which the Chancellor appointed the appellant on 7th April 1970 as a Vice-Chancellor with effect from the 22nd June 1970 for a period of five years. The appellant at the time of the appointment, it seems, was acting as Vice-Chancellor.

(3.) On the 9th of April 1970, the Governor of Madhya Pradesh, Shri K. C. Reddy promulgated Ordinance No. 1 of 1970 by Section 2 of which sub-section (1) of Section 11 was substituted by a new sub-section (1) whereunder the Governor of Madhya Pradesh was made ex officio Chancellor of that University. By Section 3, it was provided that as from the date of the coming into force of that Ordinance, the Chancellor in Office immediately before the date aforesaid shall cease to hold office of the Chancellor and the Governor of Madhya Pradesh shall assume the said office. By virtue of this Ordinance Rajmata Vijaya Raje Scindia ceased to be the Chancellor. On the 23rd April 1970, the Governor again passed another Ordinance by Section 2 of which he substituted Section 43 of the Act by a new Section 43. By Section 3 a new Section 43-A was also added. Section 4 made the amendments made by Sections 2 and 3 to operate retrospectively as from the commencement of the original Act. The amended Sections 43 and 43-A are as follows:-