MANUBHAI PARAGJI VASHI Vs. UNIVERSITY OF BOMBAY

JUDGEMENT

(1.) THIS writ petition involves consideration of validity of Ruling given by Shri C. Subramanian, the then Chancellor of University of Bombay incorporated in Circular Exhibit "a" to the petition prescribing a norm of propriety required to be observed by members of Senate and Executive Council of the University who happen to be legal practitioner. By the said ruling, it is declared that it would not be proper for members of Senate and Executive Council to appear against the University in any litigation so long as such members continue to be members of Senate or Executive Council. By the impugned ruling and the impugned Circular members of Senate and Executive Council are requested to refrain from appearing against the University. In case of breach of the said ruling, there is reasonable possibility of commencement of proceedings for disqualification of the member concerned under section 76-B of Bombay University Act, 1974.

(2.) AT the outset, I shall refer to a few facts and the relevant provisions of the Act. The question involved in this petition are of public importance.

(3.) THE petitioner is a member of the Senate of University of Bombay. The petitioner was a member of the Executive Council of the said University for several years in the past. The petitioner is an elected member of the Senate since 21st September 1987 and his terms as a member of the Senate would expire on 20th September 1993. The Senate and the Executive Council are two of the important authorities of the University. The petitioner is practising member of Bombay Bar. In his capacity as an advocate the petitioner has been appearing in various suits, writ petitions and other matters before this Court, Bombay City Civil Court and Statutory Tribunals wherein the University of Bombay is impleaded as a party defendant or party respondent as the case may be. These matters can be broadly divided into two categories i. e. (1) Suits, writ petitions or other matters wherein the respondent No. 1 is merely a proforma defendant or proforma respondent. In these matters, the dispute is essentially between an employee of the school or college on the one hand and the management of the school or college on the other hand (2) Suits, writ petitions, appeals, or other matters directly concerning the University of Bombay wherein reliefs are claimed by or against the University and the litigation is filed by or against the University itself.