M.M.PUNCHHI, J. - (1.) This writ petition is styled as a public interest litigation.
(2.) And who is the petitioner? He is Dr. Naginder Singh, Director, Medical Diagnostic Centre, New Dayanand Medical College and Hospital, Ludhiana. He claims to have an excellent academic record. He also had enough interests to get associated with the affairs of the Punjab University, respondent 1, and priorly as a student leader, as stated. Later he was a Member of the Punjab University Senate during the 4 years term (1976-1980), as well as a Member of the Punjab University Academic Council within the years 1978-1980. Now he is not in the Senate having lost the recent. election, and he is here to challenge the very constitution, thereof, contending specifically that S.13 of the Punjab University Act, 1947 (for short, the Act) in so far as it gives an arbitrary, unguided and uncanalised power to the Chancellor, respondent 2, to nominate Members on the Senate, is ultra vires the Constitution and the basic structure on which it is founded. Sub-sec. (1) of S.13 relates to the composition of the University Senate and the break-up thereof. It reads as follows : "13. Ordinary Fellows : (1) The number of ordinary fellows shall not exceed eighty five and of such number. (a) Fifteen shall be elected by the Registered Graduates from amongst themselves, among whom. (i) two shall be elected to represent the districts of Ferozepur, Hoshiarpur and Ludhiana in the Senate of Punjab, two to represent the State of Haryana and one to represent the Union Territory of Chandigarh; and (ii) the remaining ten shall be elected from any area including any of the areas mentioned in sub-Cl. (i); (b) two shall be elected by Professors on the Staff of the Teaching Departments of the University from amongst themselves, provided that one member each from the Arts and Science Departments shall be elected; (c) two shall be elected by Readers and Lecturers on the staff of the Teaching Departments, of the University from amongst themselves, provided that one member each from the Arts and Science Departments shall be elected; (d) three shall be elected by the Principals of Technical and Professional Colleges from amongst themselves, among whom one shall be elected to represent the districts of Ferozepur, Hoshiarpur and Ludhiana in the State of Punjab, one to represent the State of Haryana and one to represent the Union Territory of Chandigarh and three shall be elected by the staff of such colleges from amongst themselves, among whom one shall be elected to represent the districts of Ferozepur, Hoshiarpur and Ludhiana in the State of Punjab, one to represent the State of, Haryana and one to represent the Union Territory of Chandigarh; (e) eight shall be elected by the Heads of affiliated Arts Colleges, from amongst themselves, among whom three shall be elected to represent the districts of Ferozepur, Hoshiarpur and Ludhiana in the State of Punjab, four to represent the State of Haryana and one to represent the Union Territory of Chandigarh; (f) eight shall be elected by the Professors, Senior Lecturers and Lecturers of affiliated Arts Colleges from amongst themselves, among whom three shall be elected to represent the districts of Ferozepur, Hoshiarpur and Ludhiana in the State of Punjab, four to represent the State of Haryana and one to represent the-Union Territory of Chandigarh; (g) omitted by Government of India Notification dated 6-12-1989; (h) six shall be elected by the various faculties of the University; (i) two shall be elected by the members of the Punjab Legislative Assembly from amongst themselves, and two shall be elected by the members of the Haryana Legislative Assembly from amongst themselves, provided that the member elected is scholar of any University degree; and (j) remainder shall be nominated by the Chancellor." Summing up the break-up in paragraph 5 of the petition, the petitioner asserted that in a house of 85 members, only 41 are to be elected and the remaining 44 members, being non-elected, are supposedly nominated by the Chancellor. The petitioner whishes to deduce that the providing of elected members is rendered otiose when the Chancellor can by nomination create an opposing majority. Thus it results in the naked usurpation of powers of the Senate in the hands of the Chancellor.
(3.) Total miscalculation. The elected members, on count, turn out to be 49. This would be evident by adding members described in sub-Cl. (a) to (i). The remainder, which may be nominated by the Chancellor, are required to be of such number which totally do not exceed 85. It means that the Chancellor can nominate up to 36 persons and they obviously constitute a minority vis-a-vis the elected ones. Instantly, the Chancellor has nominated 34 members. The mere fact that amongst the 49 elected seats, some seats are lying vacant for one reason or the other, does not alter the legal position and the contention with regard to the nominees of the Chancellor dominating the scene, is utterly baseless, and hence rejected.;