NIKULBHAI AMBALAL PATEL Vs. HEMCHANDRACHARYA NORTH GUJARAT UNIVERSITY

JUDGEMENT

(1.) The petitioner who is a member of the senate of the respondent University, raising a grievance, has sought for a direction that only those persons who have submitted their applications for enrollment as registered graduates upto 30.11.2016 are entitled to be considered for inclusion in the electoral roll of the registered graduates, further that the applications received on or after 01.12.2016 are not liable to be considered.

(2.) It is the case of the petitioner that the University started enrolling registered graduates for the purpose of preparing electoral roll for the election to the members of the senate which was in breach of Statute 1(3) of the University. Said Statute 1(3) reads as under, "1(3) Any Graduate referred to in sub-clause 2(a) and

(3.) The aforesaid Statute provides inter alia that any graduate wanting to enroll himself has to send his application so as to reach the University before 1st December and his name shall be thereupon be put on the roll of the registered graduates on 1st January of the following year concerned. It appears that the electoral roll for electing the members of the senate comprised of the registered graduates who are located within the territorial area of the University. The University published advertisement on 07.11.2016 providing for an on-line registration of the registered graduates. In the said advertisement, registrations were invited in accordance with Statute No.1(3) on or before 30.11.2016. Thereafter, it appears that the University issued notice dated 29.11.2016 whereby the time was extended for registration from 30.11.2016 till 08.12.2016.