NAGINDER SINGH Vs. PUNJAB UNIVERSITY CHANDIGARH

JUDGEMENT

(1.) This writ petition is styled as a public interest litigation.

(2.) And who is the petitioner? He is Dr. Naginder Singh, Director, Medical Diagnostic Centre, New Dayanand Medical College and Hospital, Ludhiana. He claims to have an excellent academic record. He also had enough interests to get associated with the affairs of the Punjab University, respondent 1, and priorly as a student leader, as stated. Later he was a Member of the Punjab University Senate during the 4 years term (1976-1980), as well as a Member of the Punjab University Academic Council within the years 1978-1980. Now he is not in the Senate having lost the recent. election, and he is here to challenge the very constitution, thereof, contending specifically that S.13 of the Punjab University Act, 1947 (for short, the Act) in so far as it gives an arbitrary, unguided and uncanalised power to the Chancellor, respondent 2, to nominate Members on the Senate, is ultra vires the Constitution and the basic structure on which it is founded. Sub-sec. (1) of S.13 relates to the composition of the University Senate and the break-up thereof. It reads as follows :

(3.) Total miscalculation. The elected members, on count, turn out to be 49. This would be evident by adding members described in sub-Cl. (a) to (i). The remainder, which may be nominated by the Chancellor, are required to be of such number which totally do not exceed 85. It means that the Chancellor can nominate up to 36 persons and they obviously constitute a minority vis-a-vis the elected ones. Instantly, the Chancellor has nominated 34 members. The mere fact that amongst the 49 elected seats, some seats are lying vacant for one reason or the other, does not alter the legal position and the contention with regard to the nominees of the Chancellor dominating the scene, is utterly baseless, and hence rejected.