RAMESHCHANDRA BAHOTI Vs. REGISTRAR, UNIVERSITY OF INDORE

JUDGEMENT

(1.) THE facts leading to the presentation of this petition by Rameshchandra Baheti may be briefly stated thus. The petitioner is admittedly a registered graduate of the University of Indore. He passed his M. Com. Degree Examination in the year 1967. In that very year, Shri Vaishnav Arts and Commerce College, Indore also called as Shri Vaishnav College of Commerce, was started at Indore in the month of August. The petitioner received a letter (Annexure A) from the Jt. Secretary of the said College in which it was requested that he may at his convenience and according to his aptitude deliver some lectures to the students of that college. By his reply dated 3rd August 1967 (also marked Annexure A) the petitioner accepted the said offer in these words :

(2.) ANNEXURE R. 2 filed with the return on behalf of respondents 1 and 2, the Registrar of the University of Indore and the University of Indore, shows that the petitioner is the senior most Honorary Lecturer in the said College and he has been teaching the subject of Business Administration from the Month of August 1967 in the Shri Vaishnav College of Commerce Indore. The particulars regarding seniority of members of the staff given in Annexure R. 2 clearly mention the petitioner as 'Honorary Lecturer'. Under the Indore University Registered Graduates (Elections to the Court) Ordinance, 1965 (hereinafter called the Ordinance) Registrar of the University conducts the said elections.

(3.) THE nomination paper of the petitioner was rejected by the first respondent on the basis of the explanation to section 19 (1) of the Act. The said Explanation reads thus: