ANDHRA UNIVERSITY Vs. P V N RAJU

JUDGEMENT

(1.) 1. These two Civil Miscellaneous Appeals are filed by the defendants in the suits, against whom the subordinate judge, Visakhapatnam, granted Interim injunctions restraining them from implementing the proceedings of the meetings of the Senate and Academic Council of the Andhra University, held on the respective dates mentioned therein.lt is convenient to dispose of both the Civil Miscellaneous Appeals by a common judgment. The material facts leading to these appeals may briefly be stated.

(2.) C.M.A.No. 151 of 1973 :- Under the directions of the Vice-Chancellor of the Andhra University, the Registrar issued notices to the members of the Senate on 23-11-1972 intimating them that the Ordinary Meeting of the Senate would be held on 5-1-1973. The agenda-papers containing the items to be discussed at that meeting, to be held on 5-1-1973 were issued by the Registrar to all the members of the Senate, on 15-12-72. On account of the disturbed conditions and the agitation that was going on at the relevant time, the Vice-Chancellor, in exercise cf the power vested in him under Section 12(2)(a) of the Andhra University Act, postponed the meeting by his notice dated 23-12-1972. Fresh notices, thereafter, were issued by the Registrar, under the direction of the Vice-Chancellor on 15-6-1973, intimating the members of the Seriate that its Ordinary Meeting would be held on 7-7-1973 and, at that meeting, the items of Agenda previously sent, would be the items for discussion. Finally agenda-papers, which included several new items, were issued to all the members of the Senate by the Registrar, on 2-7-1973. Items No.3 in the Agenda, to be discussed at that meeting, was in regard to the election of five Members from the Senate to the Syndicate of the University.

(3.) C.M.A.No. 152 of 1973: Under the directions of the Vice-Chancellor, the Registrar of the Andhra University issued notices to the Members of the Academic Council on 27-11-1972 intimating them chat the Ordinary meeting of the Academic Council would be held on 4-1-1973. Agenda-papers containing the items to be discussed at that meeting, to be held on 4-1-1973 were issued by the Registrar to all the members of the Academic Council, on 14-12-1972. On account of the disturbed conditions and tha agitation that was going on at the reievant time, the Vice-Chancellor in exercise of the power vested him u/s 12 (2) (a) of the Andhra University Act, postponed the meeting by his notice dated 23-12-1972. Fresh notices, thereafter, were issued by the Registrar, under the direction of the Vice-Chancellor, on 15-6-1973, to all the members of the Academic Council, intimating them that the Ordinary Meeting of the 'Academic Council would be held held on 6-7-1973. Final agenda-papers, which Included several new items, were issued to all the Members of the Academic Council by the Registrar, on 2-7-1973. Item No. 2 In the Agenda, to be discussed at that meeting, was in regard to the election of the three members from the Academic Council to the Syndicate of the University.