P. Jaganmohan Reddy, J. - (1.) This is an appeal by Special leave against the summary dismissal of a Writ Petition filed by the appellant against the order of the Chancellor of the Saugar University dated the 15th June 1970 by which his appointment as Vice-Chancellor of that University was cancelled.
(2.) It may at the outset be mentioned that the appointment of the Vice-Chancellor of the Saugar University is made by the Chancellor of that University under Section 13 of the University of Sugar Act, 1946 (hereinafter referred to as "the Act") from a panel of not less than three persons recommended by the Committee constituted under sub-section (2) of that section. The Committee to be constituted under sub-section (2) was to consist of three persons, two of whom shall be elected by the Executive Council by single transferable vote from amongst persons not connected with the University or a College and the third shall be nominated by the Chancellor who was also empowered to appoint one of them as chairman of the Committee. It is unnecessary to refer to other provisions of this Section because these are not relevant for the purpose of this appeal. It appears that under the above provisions a Committee to submit a panel of names for the appointment of a Vice-Chancellor for the University was duly constituted consisting of two persons elected by the executive Committee of the University, namely, G. K. Shinde, Retired Chief Justice and Justice T. P. Naik of the Madhya Pradesh High Court while the third member Shri C. B. Agrawal, Retired Judge of the Allahabad High Court was nominated by the chancellor, Rajmata Vijaya Raje Scindia who also appointed G. K. Shinde as the Chairman of the Committee. The Chairman thereafter appears to have carried on a correspondence to fix a convenient place and time for the meeting, which was ultimately fixed at Indore on the 4th of April 1970. Justice Naik was, however, unable to attend the meeting and in his absence the other two per sons, Shri Shinde and Shri Agrawal met as a Committee and submitted a panel of names from which the Chancellor appointed the appellant on 7th April 1970 as a Vice-Chancellor with effect from the 22nd June 1970 for a period of five years. The appellant at the time of the appointment, it seems, was acting as Vice-Chancellor.
(3.) On the 9th of April 1970, the Governor of Madhya Pradesh, Shri K. C. Reddy promulgated Ordinance No. 1 of 1970 by Section 2 of which sub-section (1) of Section 11 was substituted by a new sub-section (1) whereunder the Governor of Madhya Pradesh was made ex officio Chancellor of that University. By Section 3, it was provided that as from the date of the coming into force of that Ordinance, the Chancellor in Office immediately before the date aforesaid shall cease to hold office of the Chancellor and the Governor of Madhya Pradesh shall assume the said office. By virtue of this Ordinance Rajmata Vijaya Raje Scindia ceased to be the Chancellor. On the 23rd April 1970, the Governor again passed another Ordinance by Section 2 of which he substituted Section 43 of the Act by a new Section 43. By Section 3 a new Section 43-A was also added. Section 4 made the amendments made by Sections 2 and 3 to operate retrospectively as from the commencement of the original Act. The amended Sections 43 and 43-A are as follows:- "43. If any question arises whether any person has been duly appointed elected, nominated or co-opted as, or is entitled to be, a member of any authority or other body of the University or any officer of the University, the matter shall be referred to the Chancellor whose decision thereon shall be final. 43-A. The Chancellor may, either on his own motion or on the application of any party interested, review any order passed by himself or his predecessor in office if he is of the opinion that it is not in accordance with the provisions of this Act, the statutes, the Ordinance or the Regulations or is otherwise improper and pass such orders in reference thereto as he may think fit." After the above Ordinances were promulgated, the Secretary to the Governor of Madhya Pradesh wrote on the 20th May 1970 to the appellant as follows:- "The question has come up before the Chancellor whether the meeting of the committee constituted by his predecessor under Section 13(2) of the Act held on 4th April at Indore at which only two members out of the three were present was legal, and whether the recommendations made by the committee at that meeting were legally valid. The Chancellor has been advised that the meeting held on the 4th April with only two members present and the decisions taken at the meeting were not legal. As a consequence, the orders issued by the University office dated 14th April would have to be rescinded. Before the Chancellor takes action in accordance with legal advice, he has desired that you should be asked if you have anything to state why such action should not be taken. I am desired to request you to send your reply as early as possible, and at the latest within a week". To this letter the appellant sent a reply on the 9th June 1970 after having earlier obtained an extension of time. In that reply he tried to make out a case that the recommendation of the Committee of two members out of three was perfectly valid and in support of it he cited various authorities and also a precedent of the same Governor who as the Chancellor of Indore University seems to have maintained the selection made by his predecessor in similar circumstances. The Governor did not however, accept the appellant's plea but passed the following impugned orders on the 15th June 1970:- "WHEREAS, on applications made in that behalf, the Chancellor is of the opinion that order dated the 7th April 1970, passed by his predecessor in office appointing Shri Ishwar Chandra as Vice-Chancellor of the University of Saugar with effect from the 22nd June 1970, for a period of a five years is not in accordance with provisions of Section 13 of the University of Saugar Act, 1946 (XVI of 1946) hereinafter referred to as the said Act): NOW, THEREFORE, in exercise of the powers conferred by Section 43-A of the said Act, I the Chancellor of the University of Saugar, hereby - (i) cancel the aforementioned order dated the 7th April 1970 appointing Shri Ishwar Chandra as Vice-Chancellor; and (ii) direct that the committee be constituted for submission of panel in accordance with the provisions of Section 13 of the said Act.";