VIRENDRA KAPUR Vs. UNIVERSITY OF JODHPUR JODHPUR

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the Constitution which originally came for hearing before a Division Bench and has been referred to this Full Bench as important questions of law, constitutional and otherwise, arise for decision therein.

(2.) THE petitioner is Virendra Kapur, a student of the Bachelor of Engineering course in the Engineering College of the University of Jodhpur. Respondent No. 1 is the University of Jodhpur, while respondents Nos. 2, 3 and 4 are the Chancellor, the Vice-Chancellor and the Dean of the Faculty of Engineering, of the Jodhpur University respectively. Respondent No. 5 is the State of Rajasthan. THE petitioner's principal prayer is that the order of the University authorities reverting him to the II year B. E. Glass be held to be illegal and set aside and a writ of mandamus or any other suitable writ, order or direction be issued to the respondents to permit him to continue in the Third Year B. E. Class under circumstances presently to be mentioned.

(3.) THUS in dealing with the challenge to the vires of this section, on the ground of excessive delegation, it is necessary to see whether the impugned delegation involves the delegation of any essential legislative function or power and whether the legislature has not enunciated its policy in principle and given guidance to the delegate or not, for if these requirements are substantially fulfilled in the present case, the charge of excessive delegation cannot succeed.