V.K. Agrawal v. University of Delhi & Ors

RAJIV SAHAI ENDLAW, J. JULY 7, 2016 "bs"/pp

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 7th July, 2016. + DR. V.K. AGRAWAL ..... Petitioner Through: Mr. Kumar Rajesh Singh, Adv. Versus UNIVERSITY OF DELHI & ORS ..... Respondents Through: Mr. Amit Bansal with Ms. Seema Dolo & Mr. Akhil Kulshrestha, Advs. for R-1&2. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. This petition under Article 226 of the Constitution of India impugns the order dated 18th August, 2014 of the respondent No.2 Vice-Chancellor of the respondent No.1 University of Delhi allowing the appeal filed by the respondent No.3 Mr. Sandeep Narula against the acceptance by the Election Officer, of the nomination of the petitioner for election to the Executive Council of the University, and consequently disqualifying the petitioner. 2. The petition came up first before this Court on 19th May, 2015 when notice thereof was issued. None appeared for the respondent No.3 despite service. Counter affidavit has been titled by the University and to which a rejoinder has been filed by the petitioner. The counsels were heard on 19th May, 2016 and judgment reserved. 3. It is the case of the petitioner: (a) that the petitioner and the respondent No.3 had filed nomination papers for the election to the Executive Council under Statute 5(1)(x) of the University; (b) that as per Statute 5(1) of the University, the Executive Council is to comprise inter alia of: "(x) Four persons, none of whom shall be an employee of the University or of a recognized College or Institution, elected by the Court from among its Members in accordance with the Rules laid down in Appendices "A" and "X" to these Statutes, at least one of those so elected being a member of the Alumni Association;" AND "(xi) Two persons elected from amongst themselves by the teachers of the University & Library staff of the rank of Professional Junior and above of the University Library & College librarians other than the Deans of Faculties, the Principles of Colleges and the Proctor, the election to be held in accordance with the Rules laid down in Appendices "H" and "X" to these Statutes." with the elected candidates from category (x) holding the membership of Executive Council for a term of two years and the elected candidates from category (xi) holding the membership of the Executive Council for a three years term; (c) that the electoral roll of the aforesaid two categories is separate and distinct; (d) that the respondent No.3 preferred an appeal before the Vice- Chancellor of the University as an Appellate Authority, against the acceptance of the nomination paper of the petitioner under category (x), only on the contention that the petitioner had already been elected for two terms as member of the Executive Council under category (xi) aforesaid; (e) that the petitioner was a teacher of a constituent college of the University and held the membership of the Executive Council as a teacher representative under category (xi) for two terms during the period from 18th December, 1994 to 17th December, 1996 and from 23rd December, 1998 to 22nd December, 2000; (f) that the petitioner retired from regular service of the constituent college of the University with effect from 31st July, 2004; (g) that the petitioner, post retirement was elected to the University Court with effect from 26th February, 2013 for a term of five years from the category of Alumni Association; (h) that the petitioner having become a member of the University Court became eligible to be elected by the Court from amongst its members as member of the Executive Council under category (x) aforesaid; (i) that Statute 5(2) of the University is as under: "(2) No person shall be a member under item (x) or (xi) of Clause (1) for more than two terms." (j) that Statute 5(2) of the University limiting the tenure of membership to two terms applies separately to each of the categories; (k) that the two categories (x) & (xi) are distinct in terms of tenure as well as the composition of electoral