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PATNA HIGH COURT
V.Ramaswami and N.L.Untwalia JJ.
Baleshwar Prasad Chaudhary
Versus
State Of Bihar
Miscellaneous Judicial Case No. 1261 of 1962 ;
Decided On : JANUARY 1, 1963
CONSTITUTIONAL LAW - ARTICLE 31(2) - RIGHT TO PROPERTY - LIFE MEMBERSHIP OF SENATE OF UNIVERSITY - NOT A RIGHT OF PROPERTY - AMENDMENT OF ACT CHANGING CONDITIONS FOR LIFE MEMBERSHIP - NOT UNCONSTITUTIONAL.
Fact of the Case:
The petitioner, who had donated Rs. 50,000/- to a college in 1960, claimed life membership of the Senate of Bihar University under the Bihar Act XXVII of 1951, which provided for life membership for those who donated Rs. 50,000/- or more to the University or a college. However, in 1960, the Bihar Act XIV of 1960 came into force, which increased the amount required for life membership to Rs. 1 lac. The petitioner was informed in 1960 that he was a life member of the Senate under the new Act. In 1962, the Bihar Act II of 1962 amended the Bihar Act XIV of 1960, requiring life members to prove to the satisfaction of the Chancellor that they had donated Rs. 1 lac or more. The petitioner's claim for life membership was rejected by the Chancellor in 1962 on the ground that he had not donated Rs. 1 lac. The petitioner challenged the amendment as unconstitutional, violating his right to property under Article 31(2) of the Constitution.
Finding of the Court:
The court held that the amendment to the Act was not unconstitutional and that the petitioner's right to life membership of the Senate was not a right of property within the meaning of Article 31(2) of the Constitution. The court noted that the office of life membership of the Senate carried with it certain powers and duties of management and superintendence over the affairs of the University, but that there was no blending of any right of property with the office.
Issues: Whether the amendment to the Act, requiring life members to prove to the satisfaction of the Chancellor that they had donated Rs. 1 lac or more, was unconstitutional as violating the petitioner's right to property under Article 31(2) of the Constitution.
Ratio Decidendi: The court held that the office of life membership of the Senate was not a right of property within the meaning of Article 31(2) of the Constitution. The court noted that the property of the University was vested in the University, which was a corporate body, and that the members of the Senate had the entire management and superintendence over it. The court applied the principle laid down by the Supreme Court in Dwarkadas Shrinivas V/s. Sholapur Spinning and Weaving Co., Ltd., AIR 1954 SC 119, that rights such as the right to vote, the right to elect directors, and the right to apply for the winding up of a company, are not rights of property within the meaning of Article 31(2) of the Constitution.
Final Decision: The court dismissed the petitioner's application for a writ under Article 226 of the Constitution, holding that the amendment to the Act was not unconstitutional and that the petitioner's right to life membership of the Senate was not a right of property.
1. In this case the petitioner Baleehwar Prasad Chaudhary has moved the High Court for grant of a writ in the nature of certiorari for the purpose of calling up and quashing the order of the Chancellor, Bihar University, dated the 15th October, 1962, rejecting his claim for life membership of the Senate of the Bihar University, which is annexure G to the writ application. Cause has been shown by the learned Advocate General on behalf of the respondents to whom notice of the rule was ordered to be given.
2. Sec.17 of Bihar Act XXVII of 1951 provided for the constitution of the Senate, and Sub-section (iii) of that section enacted that "every person who has given, whether in one or more instalments, a sum not less than fifty thousand rupees in cash or property of the equivalent value to, or for the purposes of, the University or of a college", shall be a life member of the Senate. It is alleged by the petitioner that on the 2nd March, 1960, he donated a sum of Rs. 50,000/-in the form of National Savings Certificates to the R.B. College, Dalsingsarai. The amount was accepted by the University authorities and on the 3rd March, 1960, the Registrar of the Bihar University wrote a letter to the Sub Postmaster of the Dalsingsarai Post Office accepting the pledge of the National Savings Certificates. On the 12th July, 1960, Bihar Act XIV of 1960 came into force. Sec.17 (ii) of this Act provided that the Senate shall consist of the following persons:-
"Life members.
X X XX
(ii) Every person who has given, whether in one or more instalments, a sum of not less than one lac of rupees in cash or property of the equivalent value to, or for the purposes of, the University or of a college;
Explanation. -- Every person who was or was deemed to be appointed for life to be a member of the Senate of the Patna University established under the Patna University Act, 1951 (Bihar Act XXVII of 1951) shall be deemed to be a life member of the Senate of the University incorported and established under Sec.3 within whose territorial jurisdiction he ordinarily resides;
X X X X"
On the 17th December, 1960, a letter was written by the Special Officer, Bihar University, to the petitioner intimating him that he was a life member of the Senate of the Bihar University under Sec.17 (ii) of the new Act. On the 1st March, 1962, Bihar Act II of 1962 came into force. This Act was an amending Act and Section 12 (ii) of this Act provided as follows:-
"12. Amendment of Sec.17 of Bihar Act XIV of 1960 -- In Sec.17 of the said Act, -- X X X X
(ii) under the heading life members -- (a) in item (ii), after the words who has given, the words to the satisfaction of the Chancellor shall be inserted;
(b) in the Explanation to item (ii), after the words ordinarily resides, the words if he proves to the satisfaction of the Chancellor that he has given a sum of not less than one lac of rupees of property of the equivalent value to, or for the purposes of the University or of a College shall be inserted;
(c) in clause (ii) of the proviso to the Explanation to item (ii) the words, figures and comma under the Explanation to item (ii) under the heading class II-Life members of Sec.15 of the Patna University Act, 1951 or shall be omitted;."
On the 28th May, 1962, the petitioner wrote to the Registrar of the University requesting that he may be declared a life member of the Senate, but his claim was rejected by the Chancellor on the 15th October, 1962, on the ground that under the new amendment no one can become a life member unless he has donated property worth Rs. 1,00,000/-.
3. On behalf of the petitioner the argument put forward by learned Counsel is that the amendment of Sec.17 (ii) of Bihar Act XIV of 1962 made by Bihar Act II of 1962 is unconstitutional since it violates the right of property under Article 31 (2) of the Constitution which states as follows : -
"31. (2) No property, movable or immovable, including any interest in, or in any company owning any commercial or
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