S C BARAT Vs. HARI VINAYAK PATASKAR

JUDGEMENT

(1.) THE petitioners in this application under Article 226 of the Constitution are members of the Jabalpur University Court. The applicant Dr. S. C. Barat is also a member of the Executive Council of the University and the other petitioner is a member of the Academic Council. They have filed this application for quashing by a suitable writ an order made by the respondent No. 1 the Chancellor of the university, appointing the respondent No. 4, Shri Avadh Bihari Mishra, as the Vice-Chancellor and for the issue of suitable directions to the Chancellor for the appointment of the Vice-Chancellor of the University in accordance with Section 11 of the Jabalpur University Act, 1956.

(2.) THE material facts are that the term of the respondent No. 3, Pt. Kunjilal Dubey, as the Vice-Chancellor was due to expire on 11th June 1961, and the appointment of a new Vice-Chancellor had to be made. According to Section 11 the Vice-Chancellor is appointed by the Chancellor from a panel of not less than three names recommended by a committee constituted in accordance with Sub-section (2 ). This Committee is constituted by the Chancellor and consists of three persons. One of them is nominated by the Chancellor and the other two are appointed by the Executive Council in the manner laid down in Sub-section (2 ). That sub-section requires that two members "shall be appointed by the Executive Council by single transferable vote from amongst persons not connected with the University or a college. . . . . . .

(3.) THE petitioners contend that the Committee which was constituted by the chancellor under Section 11 (2) was not validly constituted inasmuch as Shri shriman Narayan, who was one of the members appointed by the Executive council on the Committee, was disqualified from becoming a member of the committee as being a member of the Governing Body of the Govindram Sakseria commerce College, Jabalpur was 'connected with a college'; and that consequently the panel of names including that of Dr. Mishra submitted by the said Committee was invalid and no person selected from that panel could be validly appointed as vice-Chancellor to succeed the present Vice-Chancellor. They, therefore, pray that the appointment of Dr. Mishra as the Vice-Chancellor be cancelled by a suitable writ and the Chancellor be required to exercise his power under the Act to appoint a Vice-Chancellor in accordance with law.