JOY Vs. CALICUT UNIVERSITY

JUDGEMENT

(1.) 'Senate' has its historic charisma. Its fortunes, no doubt, bad fluctuated from time to time. In ancient Rome it formed a part of the administrative and legislative machinery. Some emperors like Augustus tried to work with the Senate, but others who came subsequent to him, were neither as careful nor as clever. The Senate of that period later withered in importance and use, until it became merely an ornament. Senators too had responsible and onerous duties. They were not allowed officially to engage in commercial ventures; could leave the country only for definite reasons and for short spalls; and had their distinction recognised by the reservation in theatres and other places.

(2.) The Calicut University also has a Senate. Its composition and functioning are all statutorily regulated under the Act under which the University itself was born, the Calicut University Act, 1975. S.17 of the Act enumerates the ex officio and elected members. It is unnecessary to dive into the details of that section. It is sufficient to note that under Clause.12 of that Section, the members of the General Council of the University Union, could elect 10 members from among full-time students, subject to the reservation for four categories. Announcing the election to be conducted on 8-7-1986, and inviting nominations from eligible candidates, the University issued a notification on 3-6-1986. The petitioner filed bis nomination. The Returning Officer rejected the nomination. The reason given was that the candidate did not strike off a portion in the nomination paper under the .heading "Consent of the Candidate" which reads:

(3.) There cannot be any doubt that the declaration was not in any way ambiguous due to two significant and striking features: (1) It started with the declaration that he was not a member of the Senate. (2) That portion in the alternative sentence reading: "I am already a member of the Senate" was struck off. The Returning Officer took the view that since the pen which struck off the words "I am already a member of the Senate" did not traverse the full length of the sentence, toe nomination was liable to be rejected. That view is in challenge before this Court.