HARAPRASAD NAYAK Vs. SAMBALPUR UNIVERSITY AND ORS.

JUDGEMENT

(1.) THE Petitioner, an Advocate practicing at Sambalpur was a part -time lecturer of the Lajpatrai Law College at Sambalpur. He was elected to the Senate of the Sambalpur University (hereafter referred to as the "University") as a College Teacher. On 10th of June, 1972, he filed his nomination seeking election to the Syndicate of the University from the Senate as a College Teacher. On the 13th of June 1972, the Petitioner's nomination was rejected on the ground that he was not a College Teacher and as he did not represent a general constituency in the Senate, be could not seek election to the Syndicate from a Non -College Teacher Constituency. On 19th June 1972, the Petitioner made this writ application challenging the rejection of his nomination paper and it was placed for admission on the following day. A Bench of this Court directed as follows:

(2.) THE opposite parties in their counter affidavit have supported the rejection of the nomination paper and have also raised certain preliminary points to the maintainability of the writ application. To the extent it is necessary to advert to them, reference would be made in due course.

(3.) IN the decision reported in Dr. Nabin Kumar Bahu and Anr. v. Bambalpur University and Anr., I.L.R. 1972 Cutt. 508, this Court on an examination of the provisions of the Act and the Statutes made thereunder has come to the conclusion that: