RAM ISHWAR SINGH Vs. PATNA UNIVERSITY

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of India by two members of the Patna University Syndicate, Ram Ishwar Singh and R.A.K.N. Sinha, to quash the notice (annexure 5) dated the 7th March, 1972, issued by the Registrar of Patna University. By this notice, item No. 4 of the preliminary Senate Agenda issued on 3-3-72 for the meeting of the Senate to be held on the 31st March, 1972, was deleted.

(2.) According to Section 20 of the Patna University Act, 1961 (Bihar Act III of 1962) the Senate has also to elect five non-teacher members to the Syndicate in the manner prescribed by the Statutes. It is admitted that three members of the Syndicate would cease to be its members by efflux of time. The membership of petition No. 2, Dr. A.K. Sinha, expires today, the 30th of March, 1972, whereas the membership of other two persons, Shrimati Krishna Shahi and Syed Nasir Haider, expired on the 25th of this month. It is also not in dispute that a notice with agenda was issued on the 3rd of March, 1972, under the signature of the Registrar, Patna University, wherein item No. 4 related to the election of three new non-teacher members to the Syndicate, but by a subsequent notice (Annexure 5) the part of the agenda relating to the election of new non-teacher members to the Syndicate (item No. 4) was deleted under the signature of the Registrar, Patna University, by the order of the Vice-Chancellor. The petitioners being aggrieved by the deletion of item No. 4 from the agenda as originally notified have come to this Court for issue of a writ of certiorari quashing the impugned notice (annexure 5).

(3.) A show-cause filed to this application on behalf of the respondents is to the effect that at present the Senate is short by 59 members and in the opinion of the Vice-Chancellor, as there was a large number of vacancies, there could not be a proper election to the Syndicate. Accordingly, the Vice-Chancellor thought it proper to delete item No. 4 from the agenda,