G. SARANA versus UNIVERSITY OF LUCKNOW & ORS.

G. SARANA versus UNIVERSITY OF LUCKNOW & ORS.

The appellant, having voluntarily participated before the selection committee and not raising any objection to its constitution at the relevant time, waived his right to challenge its constitution based on alleged bias. Further, as the recommendation was interlocutory and alternative remedies before the Executive Council and the Chancellor under statutory provisions remained unexhausted, the writ petition and present appeal were not maintainable.

Parties
Appellant: G. Sarana; Respondents 1 3: University of Lucknow & Ors.; Respondent No. 8: Dr. K. S. Mathur
Jurisdiction
India
Judgment Date
28 July 1976
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Order Dated 31 3 1975 of the Allahabad High Court (lucknow Bench) in Writ Petition No. 405 of 1974
Outcome
Appeal dismissed
Legal Topics
Doctrine of Waiver, Bias in Selection Committee, Maintainability of Writ Petition, Alternative Remedies
Constitutional Law Administrative Law Doctrine of Waiver Bias in Selection Committee Maintainability of Writ Petition Alternative Remedies

Case Brief

Summary, issues, holding and outcome

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Parties

G. Sarana

Appellant

University of Lucknow & Ors.

Respondents 1 3

Dr. K. S. Mathur

Respondent No. 8

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Order Dated 31 3 1975 of the Allahabad High Court (lucknow Bench) in Writ Petition No. 405 of 1974

Legal Issues

  1. 1 Whether the appellant waived his right to challenge the constitution of the selection committee by voluntarily participating.
  2. 2 Whether the recommendation of the selection committee can be challenged by writ petition before alternative remedies are exhausted.
  3. 3 Whether bias existed in the selection committee against the appellant.

Ratio Decidendi

The appellant, having voluntarily participated before the selection committee and not raising any objection to its constitution at the relevant time, waived his right to challenge its constitution based on alleged bias. Further, as the recommendation was interlocutory and alternative remedies before the Executive Council and the Chancellor under statutory provisions remained unexhausted, the writ petition and present appeal were not maintainable.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed without any order as to costs.