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1994 Supreme(SC) 499

K.RAMASWAMY, M.N.VENKATACHALIAH
Dr Umrao Singh Choudhary – Appellant
Versus
State Of M. P. – Respondent


Advocates:
A.K.GOHIL, SATISH K.AGNIHOTRI, SHILA GOEL

ORDER

1. The petitioner was appointed as Vice-Chancellor of Devi Ahilya Vishwavidyalaya (University) on 5-9-1992 under Section 13 of Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973, for short Adhiniyam for a period of four years and he had joined on 17-9-1992. The Governor exercising the power under Section 52(1) of the Adhiniyam issued a notification on 21-1-1994 and by operation thereof the petitioner had ceased to be the Vice-Chancellor with effect from the said date. On 22-1-1994 the petitioner had moved a writ petition in the High Court of Madhya Pradesh to declare the action as mala fide, illegal, arbitrary, impinging his right to continue in office till 17-9-1996 and was violative of principles of natural justice. The Division Bench, by its order dated 21-2-1994, in Misc. Petition No. 125 of 1994 dismissed the petition. Thus this petition by special leave.

2. Two contentions were raised in the High Court as well as before us that the action of the Governor is administrative and omission to give opportunity to the petitioner is violative of principle of natural justice, apart from being a mala fide exercise of powers by the State Government. Since the Misc. Petition was taken up









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