M.B.SHARMA, J. - (1.) IN this writ petition, the petitioner prays for a writ in the nature of mandamus, or certiorari, or prohibition, or any other writ be issued prohibiting the University from holding the elections of the teachers as members or the syndicate in accordance with Section 16(1)(vii) of the Jodhpur University Act, 1962 (for short, 'the Act' hereafter). It is also prayed that the electoral rolls prepared as well as the notification Ex. 1 of the Deputy Registrar (respondent No. 3) be quashed.
(2.) THE petitioner is employed as a Lecturer. In Structural Engineering in M.B.M. Engineering College, Jodhpur. Syndicate is one of the authorities of the University and the manner of its constitution is provided in Section 16 of the Act. We are concerned with Section 16 of the Act, as it was substituted by Section 2 of the Jodhpur University (Amendment) Ordinance, 1981, which received the assent of the Governor on 18th day of May, 1981. Section 16(1)(vii), which is relevant for the present purpose, is to the following effect, - - 16. SYNDICATE - -(1) The Syndicate shall be the Executive body of the University and shall consist of the following persons, namely:. ... ... ... ... ... ...(vii) Two teachers, who have put in not less than seven years teaching experience in the institutions of higher education in Rajasthan on 1st January immediately preceding the year in which elections are held, other than University Professors, Deans, Principal/ Heads of recognised/constituent colleges, to be elected by the teachers of recognised/constituent colleges from amongst teachers.... ... ... ... ... ... ... A similar provision was contained in the Act as amended by the Jodhpur University (Amendment) Act, 1977 (for short, the Act of 1977') and the members of the Syndicate were to hold office for a period of three years from the date of their nomination of election, as the case may be. The term of the members of the Syndicate came to an end and, therefore, respondent No. 3, as returning officer, issued a notice dated 31 -8 -1981 (Ex. 1), notifying the programme of election for the election of two teachers to the Syndicate of the respondent University as per provisions of Section 16(1)(vii) of the Act. The electoral rolls for the said elections were published and it includes the names of all the teachers in the faculties of arts, social sciences, education (which includes the Deparments of English, Economics etc), which also includes the names of the teahers of other faculties of the Jodhpur University as well as of all the recognised/constituent colleges, namely, Mahesh Teachers' Training College, Onkarmal Somani College of Commerce, Jodhpur and Lachoo Memorial College of Science, Jodhpur, The case of the petitioner is that under Section 16(1)(vii) of the Act, the electoral roll of teachers' constituency should only contain the names of the teachers of the recognised/ constituent colleges and not of the teachers in the faculties of arts, social sciences and education as well as the names of teachers of other faculties of the Jodhpur University. According to the petitioner, the electoral rolls prepared are absolutely in contravention of the aforesaid provisions and cannot be a valid basis for laying a foundation of valid election. It is further his case that the Vice Chancellor, who, under his powers under Section 12(5) of the Act, notified rules for election vide notification dated 6 -8 -1981. had no powers and is not competent to frame rules. Earlier also, a writ petition, raising identical questions, was filed by one Mansha Ram Purohit, which was registered as S.B. Civil Writ Petition No. 959 of 1979, and another writ petition was also filed by R.C. Saxena, challenging the electoral rolls on the basis of which, the election is sought to be held. The earlier writ petition was dismissed by this Court on 2 -12 -1981 as having become infructuous as a result of coming to an end of term of the teachers representatives in the Syndicate, whose election was challenged in the aforesaid writ petition. The writ petition of Shri Saxena was not pressed by him and was dismissed as such. On the application of one Shri Mohan Swaroop Maheshwari, Lecturer in Physics, University of Jodhpur, to be impleaded as a party he being a candidate in the election for teachers' constituency, this Court, by order dated October 13, 1981, implead said Shri Maheshwari as respondent No. 4. The University has not filed any reply to the writ petition but Shri Maheshwari, respondent No. 4, has filed one. Preliminary objections have been raised to the maintainability of the writ petition to the effect that under Section 30 of the Act, the petitioner has an alternative remedy to challenge the election before the Chancellor and that he did not file any objections to the preparation of electoral rolls and as such, the petitioner by his conduct, is now estopped from challenging them. It is said that the electoral roll is correct and there is no irregularity and if the petitioner's interpretation is accepted, then the total number of persons to be qualified for being elected as teachers' representatives will be 630 and the number of electoral college will be only 62 and this could never have been the intention of the legislature. The contesting respondent has further taken a plea in the reply that there is neither any recognised college nor constituent college of the University and as such, in case the interpretation of the petitioner is accepted, then the electoral college for teachers' constituency will be zero.
(3.) I have heard learned Counsel for the parties and have gone through the relevant provisions of the Act as amended from time to time.;