S S GOYAL Vs. UNIVERSITY OF DELHI DELHI

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India the petitioners, who claim themselves to be "teachers of the University," seek to challenge the validity of, (a) the election of 10 teachers of the University of Delhi to the Academic Council of the Delhi University, (b) the rules under which the said 10 teachers of the University were elected to the Academic Council and (c) the constitution of the Academic Council.

(2.) The Delhi University has been constituted under and by virtue of the provisions of the Delhi University Act, 1922, hereinafter referred to as the Act. By virtue of the provisions of sub-section (2) of Section 3 the University shall have perpetual succession and a common seal and shall sue and be sued by the said name, namely, University of Delhi. This statutory body is to have officers mentioned in Section 8 and certain statutory authorities set out in Section 17. One of the authorities of the University is the Academic Council and yet another is the Executive Council. Section 21 provides that the Executive Council shall be the executive body of the University, and its constitution and the terms of office of its members, other than ex-officio members, shall be prescribed by Statutes. Similarly, Section 23 lays down :

(3.) Section 25 sets out that subject to the provision of the Act, the constitution, power and duties of the authorities of the University shall be provided for by the Statutes. Section 28 lays down that subject to the provisions of the Act, the Statutes may provide for all or any of the matters enumerated in Section 28. Two such matters for which Statutes may be framed are :