A VEKATA REDDY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) In this writ petition, the petitioner challenges the orders of the Government in G. O. Ms. No. 656 Education (W) Department dated 13-6-1978 nominating Sri B T. L. N. Choudary and Sri Ibrahim Khan as members of the executive council of the Autonomous Post-Graduate Centre, Anantapur. He also seeks a further declaration that he is entitled to continue in office as Member of the Executive Council of the said Centre till 18-9-1979 or till the date of the next reconstitution of the Executive Council of the said Centre.

(2.) The relevant facts are as follows:- Under the provisions of the Andbra Pradesh University Acts (Supplementary Act 1976) (hereinafter) called 'the Act'), Autonomous Post-Graduate centres were established at Guntur, Anantapur and Warangal. The Executive Council is one of the authorities constituted by section 7 of the Act for the Post-Graduate Centres. Under section 9, the Executive Council shall be the Principal Executive body of the Post-Graduate centre, and the constitution of the Executive Council, the term of office of its members and its powers and functions shall be such as may be prescribed. Rules were framed in G. O. Ms. No. 718 Education (C) Department dated 23-7-1976. Rule 7 of the Rules, which provides for the constitution of the Executive Council and which is relevant for the purpose of this writ petition, reads as follows :

(3.) In exercise of the powers conferred by clause (7) of rule 7 (1), the Chancellor of Sri Venkateswara University issued orders which were published in G.O. Ms. No. 894 Education (C) Department dated 18-9-1976 nominating the petitioner, Sri Ananta Venkata Reddy, Member of the Legislative Assembly and three others as Members of the Executive Council. According to the provisions of sub-rule (2) of Rule 7, the term of office of the members of the Executive Council other than the ex-officio members shall be for a period of three years from the date of constitution, but they shall continue to hold office upto the date of the next reconstitution. The Secretary to the Governor of Andhra Pradesh in his letter dated 29-5-1978 informed the Director, Post-graduate Centre, Anantapur that the Chancellor had nominated Sri B.T.L.N. Choudary, B.A., M.L.A,, Anantapur, and Sri Ibrahim Khan, B A , B.L , M.L.A., Kurnool (respondents 4 and 5 respectively) as members of the Executive Council in the place of Sri Ananta Venkata Reddy and Sri Somasekhar, who were not returned to the Assembly in the elections. The notification nominating the respondents 4 and 5 as members of the Executive Council was also published in the Gazette in G. O. Ms. No. 656 Education (W) Department dated 13-6-1978. The petitioner was informed by the Director of the Autonomous Post-graduate Centre, Anantapur by letter dated 24 7-1978 that in view of the letter received from the Secretary to Governor of Andhra Pradesh nominating the respondents 4 and 5 as members of the Executive Councils in the place of the petitioner and Sri Somasekhar, he was not sent notice of the meeting of the Executive Council held on 12-7-1978. The petitioner has thereupon filed this writ petition challenging the notification in G. O. Ms. No. 656 dated 13-6-1978 nominating respondents 4 and 5 as members of the Executive Council.