BABULAL SHARMA Vs. VICE-CHANCELLOR

JUDGEMENT

(1.) The petitioner in this case is a registered graduate of Awadesh Pratap Singh University, Rewa. The affairs of the University are governed by the provisions of M. P. Vishwavidyalaya Adhiniyam, 1973 (Act 22 of 1973). By this petition, the petitioner is challenging the registration of respondent No. 3, Shri Ramdhani Mishra, as a registered graduate of the University, and also his election as a member of the Court of the University on the ground that if the respondent No. 3 was not eligible for being registered as a graduate of the University, he could not be elected as a member of the Court representing registered graduates, because such members of the Court could only be from amongst the registered graduates of the University. The ground urged by the petitioner is that the respondent No. 3 is not eligible as per qualifications prescribed under Section 46 of the M. P. Vishwavidyalaya Adhiniyam, 1973 for being enrolled as a registered graduate. For the sake of convenience, Section 46 along with Sub- clauses (a) and (b) are reproduced below :--

(2.) The petitioner urges that the respondent No. 3 is not a graduate either of the Awadesh Pratap Singh University or of any other university incorporated by law in India, and, therefore, his registration as a graduate is absolutely illegal being in contravention of the statutory provisions of the Act and consequently, his election as a member of the University Court is also illegal. The petitioner has sought the relief of quashing the registration of the respondent No, 3 as a registered graduate and also the election as a member of the Court of the University.

(3.) On behalf of the respondent No. 1, Vice-Chancellor of the Awadesh Pratap Singh University and respondent No. 2 the Registrar thereof, it has been stated that because the University has vide its resolution dated 1-12-1973 recognised the examination of Sahityaratna held by the Hindi Sahitya Sammelan, Prayag, as equivalent to the examination of Bachelor of Arts held by this University, the petitioner could be treated as a graduate of other university incorporated by law in India and has, therefore, been validly enrolled as & registered graduate and accordingly his election as a member of the Court is also valid. The resolution passed by the University has been annexed as Annexure R-3-1 and the contents of the same are also included in Annexure R-1 filed by the University and Annexure A filed by the petitioner himself. According to the resolution, it is clear that the University has simply recognised 'Sahitya Ratna Examination' held by the Hindi Sahitya Sammelan, Prayag, equivalent to B.A. examination of the University and the same was for a limited purpose so as to admit candidates who have passed the Sahitya Ratna examination for M.A. Previous of the Awadesh Pratap Singh University in the same subject in which they have passed the said examination of the Hindi Sahitya Sammelan, Prayag.