T C KANWAR Vs. HIMACHAL PRADESH UNIVERSITY SIMLA

JUDGEMENT

(1.) Shri T. C. Kan-war, petitioner, is a Lecturer in English, Government College, Una. He had entered service sometime in 1968. He was a member of the Academic Council of the University of Himachal Pradesh (referred to as the University) for a term of two years from 8-1-1977 to 7-11-1979. He had contested the election to the membership of Academic Council as a representative of the teachers of the affiliated Colleges including the Colleges mentioned by the University. He is teaching in the Arts Faculty.

(2.) The University announced a schedule for election of teachers of Colleges to the Academic Council and the Court Nomination papers were required to be filed by 10th September, 1980. The scrutiny of the nomination papers was scheduled for 11th September, 1980 and the withdrawal of nomination papers was allowed up to 3 P. M. of 16th September, 1980. The election, if necessary, was to be held on 24th September, 1980.

(3.) The petitioner filed his nomination papers for Academic Council as well as for the Court. After scrutiny, his nomination papers were found in order (An-nexure P-1). After the time for withdrawal was over, the petitioner was the only candidate left in the field for Academic Council and the Court in respect of teachers of Arts Faculty with more than 10 years service. His candidature, however, for Academic Council was cancelled because of note (2) below Statute 12 (1) (xii) to the First Statutes. We will presently notice it in detail. However, he was declared elected for the Court (An-nexure P-2). The petitioner came to Simla on 21st September, 1980 and enquired why his name has been cancelled for the election to the Academic Council. It may be recalled at this stage that if his name was hot cancelled he was to have been declared elected since he was the only candidate. The petitioner was informed that his result even in respect of membership of the Court has also been cancelled. However, nothing was conveyed to the petitioner in writing in respect of the said cancellation. The petitioner now challenges the cancellation of his candidature for Academic Council and the result of the (election to) Court by this writ petition.