SHABBIR FATIMA Vs. CHANCELLOR UNIVERSITY OF ALLAHABAD

JUDGEMENT

(1.) THE petitioners, who are lecturers of the University of Allahabad, pray for a writ in the nature of quo- warranto to enquire from the Chief Justice of this Court and Sri Sri Prakash by what authority they purport to act as members of the Committee constituted under Section 11 (4) of the Allahabad University Act and for a writ in the nature of mandamus directing the Chancellor not to accept the recommendations made by the Committee so constituted.

(2.) THE University of Allahabad was established and incorported by the Allahabad University Act, 1887. It is presently governed by the Allahabad University Act, 1921. THE Vice-Chancellor, who is a wholetime officer of the University, and its principal executive and academic officer, is appointed by the Chancellor of the University under the Act which provides the mode of appointment. THE Act has been amended from time to time, and for reasons which it is not necessary to mention here, the provision laying down the procedure governing the appointment of the Vice-Chancellor, was amended by the Uttar Pradesh University Act, 1961, and a new provision was substituted for the earlier one. This provision, which is Section 11 of the Act, in its material portion is reproduced below: "11 (1). THE Vice-Chancellor shall be a wholetime officer of the University and shall be appointed by the Chancellor from amongst the persons whose names are submitted to him by the Committee constituted in accordance with the provisions of Sub-section (4). (2).................... (3).......................... (4) (i) THE Committee referred to in Sub-section (1) shall consist of three persons, namely-- (a) one person, not being a person who is connected with the University, a College, an Associated College, a Constituent College or a Hostel, to be elected by the Executive Council; (b) another person, who is or has been a Judge of the High Court of Judicature at Allahabad to be nominated by the Chief Justice of that High Court; and (c) a third person to be appointed by the Chancellor who shall also be the Convenor of the Committee; (ii) THE Committee shall, as far as may be, at least thirty days before the date on which a vacancy in the office of the Vice-Chancellor is due to occur by reason of expiry of term of resignation under Sub-section (2) and also whenever so required by the Chancellor, submit to the Chancellor the names of three persons suitable to hold the office of Vice-Chancellor. THE Committee shall, while submitting the names, also forward to the Chancellor a concise statement showing the academic qualification and other distinctions of each of the said three persons, but shall not indicate any order of preference. (5)......................... (6) Notwithstanding anything to the contrary contained in this section, the Chancellor may, in any case of emergency, of which the Chancellor shall be the sole Judge and in any case where the vacancy cannot be conveniently and uxpediriously filled in accordance with the provisions of Sub-sections (1) and (4) appoint any suitable person to the office of Vice-Chancellor. Provided................."

(3.) THE second member of the Committee is, under Section 11 (4) (i) (b), to be nominated by the Chief Justice of this Court, THE nomination must be of a person who is or has been a Judge of this Court. In the exercise of these powers, the Chief Justice nominated himself.