A.A.Desai, J. - (1.) The petitioner No. 1 is an Association of Teachers of the Allahabad University. Petitioner Nos. 2 and 3 are members of the Association. They have questioned the constitutionality of various provisions under Section 12 of the U.P. State Universities Act. 1973 (hereinafter referred to as 'the Act').
(2.) In ultimate submission. Dr. R. G. Padia, the learned counsel for the. petitioners, confined the challenge to sub-clause (c) of sub-section (2) of Section 12 of the Act. Section 12 reads thus : The Vice-Chancellor.--(1) The Vice-Chancellor shall be whole-time salaried officer of the University and shall be appointed by the Chancellor except as provided by sub-section (5) or sub-section (10) from amongst the persons whose names are submitted in accordance with the provisions of sub-section (2). (2) The Committee referred to in sub-section (1) shall consist of the following members, namely : (a) one person (not being a person connected with the University, an Institute, a constituent college. an associated or affiliated college or a hall or hostel) to be elected by the Executive Council (atleast three months before the date on which a vacancy in the office of the Vice-Chancellor is due to occur by reason of expiry of his term) ; (b) one person who is or has been a Judge of the High Court of Judicature at Allahabad including the Chief Justice thereof nominated by the said Chief Justice ; and (b) one person to be nominated by the Chancellor who shall also be the Convenor of the Committee. (Impugned provisions).
(3.) Contention is that the provisions confers unguided and unfettered discretion on the Chancellor to nominate anybody on the Committee to select the Vice-Chancellor of the University. Such power has posed serious threat to the academic affairs of the University. The impugned provisions, therefore, need to be struck down.;