NARAIN SINHA Vs. UNIVERSITY OF BIHAR

JUDGEMENT

(1.) This is an application for a writ in the nature of certiorari for quashing the order of the Chancellor (respondent 2) of the University of Bihar dated the 17th June 1964, by which he set aside the election of the four petitioners and one Srimati Sundari Devi (not impleaded in the present proceeding) as non-teacher members of the syndicate of the University at a meeting of the senate held on the 31st March 1963. Respondent 1 is the University of Bihar through its Vice-Chancellor, and respondent 3 is Shri Radhanand Jha, who challenged the election before the Chancellor under Section 52 of the Act.

(2.) The University was established under Bihar Act XIV of 1960, which came into force on the 12th July 1960. Extensive amendments were made to the Act in 1962, and then the senate was constituted. Steps were then being taken to constitute the syndicate; and a meeting of the senate was called on the 30th November 1962, for electing five non-teacher members of the syndicate, as required by Section 21 of the Act. But this meeting was adjourned to the 31st March 1963. There were twelve validly nominated candidates, including the petitioners and Radhanand Jha; and the petitioners and Srimati Sundari Devi were elected by a process of elimination as laid down in the relevant clause of Section 21. This election was set aside by the Chancellor on the 17th June, 1964, after obtaining the Vice-Chancellor's comments and alter hearing all the persons concerned.

(3.) The petitioners have challenged the findings of the Chancellor as ultra vires, void and illegal. Mr. S. Mustafi who appeared for respondent 1 said that his instruction was merely to state facts, about which this court might be in doubt. Mr. Lalnarain Sinha, who appeared on behalf of the Chancellor, submitted that the Chancellor was not at all personally interested in the result of the case; but he supported the impugned order on the ground that it did not suffer from any illegality or infirmity. Respondent 3 supported the impugned order in all respects.