ISHWAR CHANDRA versus SATYANARAIN SLNHA & ORS.

ISHWAR CHANDRA versus SATYANARAIN SLNHA & ORS.

Where there is no express provision as to quorum for a selection committee constituted under section 13(2) of the University of Saugar Act, the recommendation of the majority of members present at the meeting is valid, and the meeting held by two out of three members cannot be held illegal.

Parties
Appellant: Ishwar Chandra; Respondent: Satyanarain Sinha and ors.
Jurisdiction
India
Judgment Date
14 March 1972
Procedural Posture
Civil Appeal / Appeal by Special Leave Against Summary Dismissal of a Writ Petition
Outcome
Appeal allowed
Legal Topics
University Appointments, Quorum Requirements for Committees, Powers of Chancellor Under University Act
Administrative Law Education Law University Appointments Quorum Requirements for Committees Powers of Chancellor Under University Act

Case Brief

Summary, issues, holding and outcome

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Parties

Ishwar Chandra

Appellant

Satyanarain Sinha and ors.

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave Against Summary Dismissal of a Writ Petition

Legal Issues

  1. 1 Whether the meeting of the Selection Committee held with only two out of three members was valid for recommending the panel for Vice-Chancellor appointment
  2. 2 Whether the Chancellor's order cancelling the appointment of the appellant was valid under the Act

Ratio Decidendi

Where there is no express provision as to quorum for a selection committee constituted under section 13(2) of the University of Saugar Act, the recommendation of the majority of members present at the meeting is valid, and the meeting held by two out of three members cannot be held illegal.

Court Disposition

Appeal allowed

Orders

  • Order of Chancellor revoking appellant's appointment set aside
  • Appellant declared validly appointed Vice-Chancellor of Saugar University as from 22nd June 1970