UMRAO SINGH CHOUDHARY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Judicial review of State action by way of certiorari has been invoked by none else than the Vice-Chancellor of Devi Ahilya Vishwavidhalaya, Indore. This Court is faced with a dispute in which academic administrative law, delegated legislation involving Constitutional law, natural justice all come together on a high level of legal principles, veering round the "autonomy of a University" established under the M. P. Vishwa Vidyalaya Adhiniyam 1973 (for short 'Adhiniyam').

(2.) A fax message Anx. P2 from the State Capital, has prompted the petitioner to rush to this Court for seeking relief-including interim one which was granted by order 22-194 as it was contended before us that no notification as contemplated by S. 52 of the Adhiniyam was issued by the State Govt. and published in the Govt. Gazzette.

(3.) The State action was dubbed and denounced as an act of procedural impropriety, violative of elementary rules of natural justice. The challenge undoubtedly was not frivolous. Even if a few including the petitioner, might have thought it to be well founded and fewer still might have been resolute enough to defy, at any rate, attempt to defy the interim orders passed by this Court on 22-1-94 and 25-1-94 at the preliminary stage of hearing. It was possibly this order which led to filing of the Notification Dt/- 21-1-94 issued by the Respondent State Govt., represented by Shri G. M. Chaphekar, Sr. Advocate with Shri S. Kulshrestha, learned Addl. Advocate General. Although the petition was yet to be admitted, Shri A. M. Mathur, Sr. Advocate, appearing for the petitioner with Shri P. Mathur moved an application for production of complete record pertaining to the issuance of publication of Notification u/ s. 52 of the Adhiniyam. The respondents were directed to keep the record ready for Court's inspection; since the State entered appearance and placed Notification on record, even at preliminary stage of admission of the petition, it was virtually finally heard on merits.