A K CHATTERJI Vs. J C SHARMA

JUDGEMENT

(1.) This is a petition by Dr. A. K. Chatterji under Article 226 of the Constitution praying for a writ of mandamus to be issued against respondents 1 to 4 directing them not to treat opposite-parties Nos. 5 to 10 as members of the Faculty of Homeopathic Medicine, Agra University, Agra", and further directing the Chancellor respondent No. 4 to make his decision as contemplated under Section 35 of the -Agra University Act, 1926 "at the earliest" and till then not to let the meeting of the Faculty be held -- a meeting which has been called for the 17th September, 1962. There is yet another prayer tagged on to this generic prayer for a writ of mandamus, namely, a prayer to direct respondents 2 to 4 to constitute the Faculty of Homeopathic Medicine of the Agra University after the appointments of Principal and teachers have been made in accordance with the Statute and till such appointments to direct the Ad Hoc Committee to function in respect of academic matters falling within the competence of a Faculty. The petitioner has also prayed for this Court calling for the letter of appointment of respondent No. 1 and to quash that appointment.

(2.) A writ of qua warranto has also been, prayed for as against the first respondent directing him to show the authority under which he has been acting as Principal of the National Homeopathic Medical College, Lucknow, and as Dean of the Faculty of Homeopathic Medicine of the University of Agra. In the alternative, the petitioner has prayed that if the writs prayed for could not be granted then any other appropriate order or direction be issued in order to give adequate relief to the petitioner.

(3.) In order to see whether or not the petitioner was entitled to any relief it is necessary to state a few facts, even though very briefly. The petitioner, Dr. A. K. Chatterji, is a Homeopath possessing a Diploma from Calcutta and some other diplomas from England and Germany. The petitioner appears to have got in contact with the National Homeopathic Medical College, Lucknow, when he was appointed a member of an Ad Hoc Committee which was appointed by the Chancellor of the University of Agra to which the National Homeopathic Medical College, Lucknow, was affiliated, to draw up the necessary Statutes, Ordinances and Courses for the newly established Faculty of Homeopathic Medicine. The allegation of the petitioner was that respondents 5 to 10 could not function as members of the Faculty of Homeopathic Medicine, nor could the first respondent function as a Dean and. therefore, the meeting which has been 'called by the Registrar of the Agra University of the Faculty of Homeopathic Medicine for September 17, 1962, should not be held.