BALESHWAR PRASAD CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this case the petitioner Baleehwar Prasad Chaudhary has moved the High Court for grant of a writ in the nature of certiorari for the purpose of calling up and quashing the order of the Chancellor, Bihar University, dated the 15th October, 1962, 'rejecting his claim for life membership of the Senate of the Bihar University, which is annexure G to the writ application. Cause has been shown by the learned Advocate General on behalf of the respondents to whom notice of the rule was ordered to be given.

(2.) Section 17 of Bihar Act XXVII of 1951 provided for the constitution of the Senate, and Sub-section (iii) of that section enacted that "every person who has given, whether in one or more instalments, a sum not less than fifty thousand rupees in cash or property of the equivalent value to, or for the purposes of, the University or of a college", shall be a life member of the Senate. It is alleged by the petitioner that on the 2nd March, 1960, he donated a sum of Rs. 50,000/-in the form of National Savings Certificates to the R.B. College, Dalsingsarai. The amount was accepted by the University authorities and on the 3rd March, 1960, the Registrar of the Bihar University wrote a letter to the Sub Postmaster of the Dalsingsarai Post Office accepting the pledge of the National Savings Certificates. On the 12th July, 1960, Bihar Act XIV of 1960 came into force. Section 17 (ii) of this Act provided that the Senate shall consist of the following persons:-

(3.) On behalf of the petitioner the argument put forward by learned Counsel is that the amendment of Section 17 (ii) of Bihar Act XIV of 1962 made by Bihar Act II of 1962 is unconstitutional since it violates the right of property under Article 31 (2) of the Constitution which states as follows : -