HARYANT C SHELAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners herein challenge the appointment of the second respondent by the State Government as Vice Chancellor of the Gujarat Agricultural University. The petitioners state that they are vitally interested in ensuring proper constitution of the various auth orities of the Gujarat Agricultural University and proper appointment of the Vice Chancellor. The facts leading to this litigation are not in dis- pute. The second respondent Ishwarbhai Jivabhai Patel who has been working as the Vice Chancellor of the Gujarat University since last many years has been appointed as Vice Chancellor of the Gujarat Agricultural University by the State Government. The second respondent was born on November 2 1914 and hence he was clearly more than 62 years of age on January 31 1978 when he was appointed as Vice (Chancellor of the Gujarat Agricultural University. The second respondent assumed the office of Vice Chancellor of the Gujarat Agricultural University on February 1 1978 The petitioners have prayed that the appointment of the second respondent as the Vice Chancellor of the Gujarat Agricultural University may be quashed and set aside. There are two grounds on which the appointment of the second respondent as Vice Chancellor has been chall enged. The first ground is that under the provisions of the Gujarat Agricultural University Act 1969 (hereafter referred to as the Act) the Vice chancellor of that University is required to be a whole time officer of the University and since the second respondent is also holding the office of the Vice Chancellor of the Gujarat University he cannot be a whole time officer of the Gujarat Agricultural University; and hence his appointment is bad. The second ground of challenge is that according to the relevant Statutes of the University which are the First Statutes of the University the Vice Chancellor of the Gujarat Agricultural University at the time of his appointment should be below 62 years of age; and since admittedly the second respondent was more than 62 years of age at the time of his appointment the appointment was contrary to the provisions of the Statutes of the University and therefore his appointment should be quashed and set aside.

(2.) In order to appreciate the rival contentions which have been urged before us it is necessary to refer to some of the provisions of the Act. Under sec. 2(8) Officer means an officer of the University as specified in sec. 9 or any other person in the employment of the University declared as an officer by the Statutes; and under sub-sec. (9) of sec. 2 prescribed means prescribed by Statutes. Under sec. 24 the authorities of the University are the Board of Management the Academic Council the Faculties the Boards of studies of each faculty including Board of Postraduate Studies and such other bodies of the University as may be declared by the Statutes to be the authorities of the University. Under sec. 31 subject to the provisions of the Act the Statutes may provide for all or any of the matters which have been set out in the said section We will come to those provisions later on. But the Statutes have to be passed under clause (1) of sec. 26(1) by the Board of Management. Under the said clause one of the functions of the Board is to make amend or repeal the Statutes. The Constitution of the Board of Management is provided under sec. 25 of the Act.

(3.) Under sec. 9 of the Act the officers of the University are the Chancellor the Vice Chancellor the Directors of Campuses the Registrar the Comptroller the Director of purchase and Properties the Librarian the Director of Student Affairs the Deans of Faculties the Director of Research and Dean of Post graduate Studies the Director of Studies in Basic Sciences and Humanities the Director of extension Education and such other officers in the service of the University as may be declared by the Statutes to be officers of the University. We are not concerned in this case with the officers other than the Vice Chancellor who figures at serial No. 2 in sec. 9. Sec. 10 provides that the Governor of the State of Gujarat shall be the Chancellor of the University. Under sub-sec. (1) of sec. 11 the Vice Chancellor shall be the whole time officer of the University and shall be appointed by the State Government. Under sub sec. (2) of sec. 11 the Vice Chancellor shall hold office for a term of three years and shall be eligible for reappointment to that office for one additional term of three years. Sub-sec.(3) of sec. 11 which requires to be considered in this case provides: