SHABBIR FATIMA Vs. CHANCELLOR UNIVERSITY OF ALLAHABAD
LAWS(ALL)-1965-2-10
HIGH COURT OF ALLAHABAD
Decided on February 11,1965

SHABBIR FATIMA Appellant
VERSUS
CHANCELLOR,UNIVERSITY OF ALLAHABAD Respondents


Referred Judgements :-

WOODWARD V. SARSONS [REFERRED TO]
NEWEN V. BARNES [REFERRED TO]
SAMPSON V. SAMPSON [REFERRED TO]
MONTEFIORE V. GUEDALLA [REFERRED TO]
LONGDON-GRIFFITHS V. SMITH [REFERRED TO]
COMPAGNIE DE MAYVILLE V. WHITLEY [REFERRED TO]
R. V. BATES [REFERRED TO]
COMMISSIONER OF LNCOME TAX BOMBAY VS. AHMEDBHAI UMARBHAI AND CO BOMBAY [REFERRED TO]
NALINAKHYA VS. SHYAM SUNDER HALDAR [REFERRED TO]
HARI VISHNU KAMATH VS. AHMAD ISHAQUE [REFERRED TO]
MUNICIPAL BOARD VS. SARDAR SUKHA SINGH [REFERRED TO]



Cited Judgements :-

BISWAJIT BHATTACHARYA VS. CALCUTTA UNIVERSITY [LAWS(CAL)-1982-6-5] [REFERRED TO]
RAM SARAN PANDEY VS. STATE OF U P [LAWS(ALL)-1983-5-20] [REFERRED TO]
DR. HET RAM KALLA VS. HIMACHAL PRADESH UNIVERSITY ETC. [LAWS(HPH)-1976-12-12] [REFERRED TO]


JUDGEMENT

R.S. Pathak, J. - (1.)THE petitioners, who are lecturers of the University of Allahabad, pray for a writ in the nature of quo- warranto to enquire from the Chief Justice of this Court and Sri Sri Prakash by what authority they purport to act as members of the Committee constituted under Section 11 (4) of the Allahabad University Act and for a writ in the nature of mandamus directing the Chancellor not to accept the recommendations made by the Committee so constituted.
(2.)THE University of Allahabad was established and incorported by the Allahabad University Act, 1887. It is presently governed by the Allahabad University Act, 1921. THE Vice-Chancellor, who is a wholetime officer of the University, and its principal executive and academic officer, is appointed by the Chancellor of the University under the Act which provides the mode of appointment. THE Act has been amended from time to time, and for reasons which it is not necessary to mention here, the provision laying down the procedure governing the appointment of the Vice-Chancellor, was amended by the Uttar Pradesh University Act, 1961, and a new provision was substituted for the earlier one. This provision, which is Section 11 of the Act, in its material portion is reproduced below: "11 (1). THE Vice-Chancellor shall be a wholetime officer of the University and shall be appointed by the Chancellor from amongst the persons whose names are submitted to him by the Committee constituted in accordance with the provisions of Sub-section (4). (2).................... (3).......................... (4) (i) THE Committee referred to in Sub-section (1) shall consist of three persons, namely-- (a) one person, not being a person who is connected with the University, a College, an Associated College, a Constituent College or a Hostel, to be elected by the Executive Council; (b) another person, who is or has been a Judge of the High Court of Judicature at Allahabad to be nominated by the Chief Justice of that High Court; and (c) a third person to be appointed by the Chancellor who shall also be the Convenor of the Committee; (ii) THE Committee shall, as far as may be, at least thirty days before the date on which a vacancy in the office of the Vice-Chancellor is due to occur by reason of expiry of term of resignation under Sub-section (2) and also whenever so required by the Chancellor, submit to the Chancellor the names of three persons suitable to hold the office of Vice-Chancellor. THE Committee shall, while submitting the names, also forward to the Chancellor a concise statement showing the academic qualification and other distinctions of each of the said three persons, but shall not indicate any order of preference. (5)......................... (6) Notwithstanding anything to the contrary contained in this section, the Chancellor may, in any case of emergency, of which the Chancellor shall be the sole Judge and in any case where the vacancy cannot be conveniently and uxpediriously filled in accordance with the provisions of Sub-sections (1) and (4) appoint any suitable person to the office of Vice-Chancellor. Provided................."
The term of the out-going Vice-Chancellor. Dr. Bulbhadra Prasad, was due to expire on October 27, 1964.

A meeting of the Executive Council to elect a person to the Committee under Section 11 (4) (i) (a) was convened on May 9, 1964. A notice, dated April 29, 1964, calling the meeting was issued to the members of the Executive Council but no agenda was circulated with it. The agenda was issued on May 4, 1964, and as regards members residing at Allahabad was received by them on May 5, 1964. The meeting was duly held on May 9, 1964, but of the 23 members of the Executive Council only 16 were present in the meeting. A number of names were proposed for election, but ultimately the members present decided unanimously to elect Sri Sri Prakash to serve on the Committee.

(3.)THE second member of the Committee is, under Section 11 (4) (i) (b), to be nominated by the Chief Justice of this Court, THE nomination must be of a person who is or has been a Judge of this Court. In the exercise of these powers, the Chief Justice nominated himself.
The third member was appointed under Section 11 (4) (i) (b) by the Chancellor.

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