(1.) In order to appreciate the point that arises for decision in Letters Patent Appeal No. 34 of 1953 it is necessary to set out the facts of the case in some detail.
(2.) By notification made on 30-8-1949, the Chancellor of the East Punjab University gave directions under Section 15 (2) of the Act that out of six Fellows to be elected under Section 13 (1) (b) of the Act not less than two shall be Principals of Degree Colleges and two shall represent the Applied Sciences of Agriculture, Medicine and Engineering.
(3.) In September, 1952, election of ordinary Fellows of the Punjab University was held. In that election Professor Ram Kumar Luthra was candidate for election from amongst the Heads, Professors and Lecturers of affiliated Colleges within Section 13 (1) (b) of the East Punjab University Act. 1947, hereinafter referred to as the Act. In that election Professor Ram Kumar was defeated.