- (1.) THIS is a petition under Article 226 of the Constitution which raises a question of constitutional law of considerable importance. It has involved the examination of a number of authorities, and I am indebted to learned counsel on both sides for the full and able arguments which have been addressed to me. The facts shortly stated are that the petitioner, Dr. Ishwari, prasad, was a Professor in the University of Allahabad and Head of the Department of Political science until the 13-3-1954, on which date he retired from the service of the University. He was also a member of the Academic Council of the University and, as such, was under head (vi) of section 17 of the Allahabad University Act, 1921, an 'ex officio' member of the Court, which is the supreme governing body of the University.
(2.) THE executive body of the University is the Executive Council, the constitution of which is laid down in the Statutes to be found in Chap. II of the Statutes, Ordinances and Regulations made under the Act. The Executive Council consisted at all material times of twenty members, of whom six were members of the Court elected by the Court at its annual meeting. At the annual meeting of the Court held in November, 1952, the petitioner was elected to the Executive council. The only limitation which is placed by the Statutes on the power of the Court to elect six of its members to the Executive Council is that two of the persons so elected must be members who were themselves elected to the Court by the registered graduates. Of the six persons who were so elected in 1952 I am informed that four were members of the Court elected by the registered graduates; Dr. Ishwari Prasad was not one of these.
(3.) UNDER head Cxviii) of Section 17 of the Act read with Clause (ii) of the first Statute relating to the Court, the Chancellor of the University is empowered to appoint not more than fifteen persons to be members of the Court, and by a letter dated the 8-3-1954, the Chancellor in exercise of the power so vested in him appointed the petitioner to be a member of the University court in place of Sri K. L. Misra: "with effect from the date of the former's retirement from the post of Professor and Head of the department of Political Science of the Allahabad University, viz. , 12-3-1954, for the residue of the term of office of Sri K. L. Misra, Viz. , up to 14-12-1955". It is common ground that the reference to March 12 is a mistake for March 13.;