CHANDANJI TALAJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr.Hriday Buch for the appellants, learned senior advocate Mr.Prakash Jani with learned advocate Mr.Archit Jani for respondent No.3, learned advocate Mr.Devang Vyas assisted by learned advocate Mr.Siddharth Dave for respondent No.2 University and learned Assistant Government Pleader Mr.Rohan Shah for r1 - State, at length.

(2.) The challenge in this Letters Patent Appeal is addressed to judgment and order dated 18th January, 2021 passed by learned Single Judge in Special Civil Application No.632 of 2021, whereby the said petition came to be dismissed for the reasons recorded in the judgment. In the Special Civil Application, jurisdiction under Article 226 of the Constitution was invoked by the petitioners seeking issuance of writ to set aside Notification dated 04th January, 2021 of the respondent No.2 - Hemchandracharya North Gujarat University. By the said Notification, the election programme for election of two members in the council of the University from the University Court, also known as Senate, was declared. It was further prayed to direct the University to hold such elections only after vacant seats of the members to the court are filled up.

(3.) The elections to the two members notified as per the impugned notification is in view of the provision of Section 19(1)(vii) of the Hemchandracharya North Gujarat University Act, 1986. The Section provides that Executive Council shall be the executive authority of the university and shall consist of the members specified in Clause (i) to Clause (ix). Clause (vii) provides about two persons to be elected by the court from amongst its members who are not teachers or members of the teaching staff of the university, affiliated colleges, recognised institutions and approved institutions and students. Section 15 under Chapter IV of the Act mentioned the authorities of the university. The 'court' is one of the authorities of the court mentioned in the said Section. Under Section 16, it is stated that the 'court' shall consist two classes. Class I ex officio members and class II ordinary members elected as specified in the provision of Section 16. Section 76 of the Act says that the proceedings shall not invalidated by vacancies. It provides that no act or proceeding of any authority or other body of the University shall be invalidated merely by reason of any vacancy in its membership. Another is Section 77 which is in relation to the disputes as to constitution of University Authority or body.