GUJARAT UNIVERSITY Vs. N U RAJGURU

JUDGEMENT

(1.) This appeal is directed against the judgment of the High Court of Gujarat dated 7th February, 1984 setting aside the election of 28 teachers to the Court of the Gujarat University and the consequential order directing the University to hold fresh election for the 42 members constituency to the court.

(2.) Briefly the facts giving rise to this appeal are these. The Gujarat University is constituted under the provisions of the Gujarat University Act, 1949. Section 15 of the Act designates the "Court" as an authority of the University. Section 16 provides for the constitution of the "Court", it consists of two classes of members, ex-officio, and elected members. Section 16(1) provides for election to the category of 'ordinary members of court'. Clause (A) (VIII) of S. 16(1) lays down that 42 members shall be elected by teachers of affiliated colleges (excluding Deans of Faculties and Principals of Colleges) from amongst themselves in the manner specified in the statutes. Sections 28 and 29 confer power on the Court to frame statutes in respect of matters which by the Act are required to be prescribed by the statutes. Statute 10(3) of the University of Gujarat provides for election of 42 members to the court by teachers excluding Deans of Faculties and Principals of Colleges in the manner specified therein. It further provides that 14 members shall be elected to the court by the teachers of Faculty of Arts and Education out of which 10 members shall be elected by teachers having teaching experience of 10 years or more, while the remaining 4 shall be elected by the teachers having experience of less than 10 years. Statute 10(3) further provides for election of 28 members to be elected by the teachers working in various other Faculties of the affiliated Colleges of the University. The term of the office of the elected members of the Court is five years. The Registrar of the University by a notification dated August 25, 1983 notified programme for holding the election of 42 members by the teachers of affiliated colleges from various faculties. According to the notification election was scheduled to be held on 9th October, 1983.

(3.) Three teachers, two of whom belonged to the Faculty of Education and the third belonging to the Faculty of Arts, challenged the holding of the election by means of a writ petition before the High Court (Writ Petition No. SCA No. 4682 of 1983) on the ground that in view of the separation of the Faculty of Education from the Faculty of Arts as a result of the amendment of S. 23 by the Amending Gujarat Act 10 of 1982, the allotment of 14 seats for the faculty of Arts, and Education was illegal. They contended that in view of the separation of the two Faculties separate seats should be allotted to the two Faculties for the election of teachers to the Court. Petitioners of that writ petition claimed interim relief for the stay of the election of 42 representatives of teachers to the Court. The High Court, however, granted a limited interim relief, staying the process of election with regard to the fourteen seats of Arts and Education Faculties only, no stay order was issued with regard to holding of election of the remaining 28 seats. In order to implement the interim order the University issued notification on 27th September, 1983 notifying the stay of election to the 14 seats but it stated that the election with regard to remaining 28 seats in the teachers' constituency shall be held as scheduled. Election to the 28 seats from the teachers' constituency of other Faculties was held on 9th October, 1983. The respondent-teachers of the University participated in the election, but before the declaration of the result of the election the respondents filed writ petition under Art. 226 of the Constitution (SCA No. 5085 of 1983) seeking the relief of setting aside the election of 28 members and for the issue of a writ of mandamus directing the University to hold fresh election for all the Faculties in accordance with the system of proportional representation and single transferable vote. Before the High Court respondents' main grievance was that since the election to 14 seats from the teachers' constituency of Faculty of Arts and Education was stayed by the High Court, elections to the remaining 28 seats could not validly be held on account of the system of proportional representation by single transferable vote. The High Court accepted the contention raised on behalf of the respondents, set aside the election to 28 seats and directed the University to hold fresh election to the court for 42 seats from amongst the teachers of various Faculties. Aggrieved, the Gujarat University has preferred this appeal.