D.S. REDDY versus CHANCELLOR, OSMANIA UNIVERSITY & ORS.

D.S. REDDY versus CHANCELLOR, OSMANIA UNIVERSITY & ORS.

Section 5 of the Osmania University (Second Amendment) Act, 1966 introducing section 13A was struck down as violative of Article 14 because it directed its operation against the incumbent Vice-Chancellor alone without any intelligible differentia or rational nexus to the object of bringing about uniform three-year...

Source-derived case information.

Parties
Appellant: D. S. Reddy; Respondent: Chancellor, Osmania University & Ors.
Jurisdiction
India
Judgment Date
09 December 1966
Procedural Posture
Civil Appeal (special Leave) / Appeal From Judgment of the Andhra Pradesh High Court Dismissing Writ Petition No. 853 of 1966 Under Article 226
Outcome
Appeal allowed; Section 5 of the Osmania University (Second Amendment) Act, 1966 (introducing section 13A) declared unconstitutional and struck down as violative of Article 14
Legal Topics
Article 14 Classification and Discrimination, Appointment and Removal of Vice Chancellor, Tenure of Public Office, Vested Rights
Constitutional Law Administrative Law Education Law Article 14 Classification and Discrimination Appointment and Removal of Vice Chancellor Tenure of Public Office Vested Rights

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Parties

D. S. Reddy

Appellant

Chancellor, Osmania University & Ors.

Respondent

Procedural Posture

Civil Appeal (special Leave) / Appeal From Judgment of the Andhra Pradesh High Court Dismissing Writ Petition No. 853 of 1966 Under Article 226

Legal Issues

  1. 1 Whether Section 5 of the Osmania University (Second Amendment) Act, 1966 introducing section 13A is discriminatory and violative of Article 14
  2. 2 Whether classification of existing Vice-Chancellor and future appointees is founded on an intelligible differentia and has a rational relation to the object of the legislation
  3. 3 Whether the appellant was entitled to protection under section 12(2) of the Osmania University Act, 1959

Ratio Decidendi

Section 5 of the Osmania University (Second Amendment) Act, 1966 introducing section 13A was struck down as violative of Article 14 because it directed its operation against the incumbent Vice-Chancellor alone without any intelligible differentia or rational nexus to the object of bringing about uniform three-year tenure, and thereby effected unjustifiable discrimination.

Court Disposition

Appeal allowed; Section 5 of the Osmania University (Second Amendment) Act, 1966 (introducing section 13A) declared unconstitutional and struck down as violative of Article 14

Orders

  • Section 5 of the Osmania University (Second Amendment) Act, 1966 introducing section 13A is void as violative of Article 14
  • Appellant entitled to costs in this Court and in the High Court, payable by the respondents