B SURESH Vs. BANGALORE UNIVERSITY BANGALORE

JUDGEMENT

(1.) THE petitioners in these petitions claim that they and several others were elected to the Senate from the Graduate Constituencies in December 1995, vide notification dated 24-12-1995. As a consequence of such election, the Senate of the Bangalore University was reconstituted under Section 21 read with Section 33 (3) of the Karnataka State Universities Act, 1976 ('the Act' for short), vide notification dated 4-1-1996. Subsequently, the petitioners were elected by the Senate to the Syndicate under Section 24 (vi) of the Act, vide notification dated 14-5-1996.

(2.) ). They contend that fresh elections have not been held in regard to the membership of Senate under Sections 21 (1), 14, 15, 18, 19, 20 and 21 of the Act. They submit that having regard to the provisions of sub-sections (1) and (2) of Section 33 of the Act, even though the term of office of elected members of the Senate and Syndicate is three years, as the Senate and Syndicate have not been reconstituted, they are entitled to continue as members of the Senate/syndicate until the next reconstitution.

(3.) THE University issued a notification No. SYN : S1 : SEN : REC : 1 : 98-99, dated 3-3-1999 on the basis of a letter dated 1-3-1999 from the Chancellor, stating that the elected members of the Senate of the Bangalore University (including the petitioners) cease to be the members of the Senate with immediate effect consequent upon completing their term of three years. Consequently, another notification No. SYN : S1 : SYN : RECN : 1 : 98-99, dated 3-3-1999 has been issued by the University stating that the petitioners ceased to be the members of the Syndicate as they had ceased to be the members of the Senate. Feeling aggrieved, petitioners have filed these petitions for quashing the said notifications of the University dated 3-3-1999 regarding cessation of membership of Senate/syndicate referred to above. They have also sought a declaration that they are entitled to continue to hold office as members of Senate/syndicate even beyond three years, up to the next reconstitution of the Senate/syndicate by the University in accordance with law.