Point of Law:
Under Section 16 of the Act, Vice Chancellor is empowered to nominate five undergraduate students and five postgraduate students, who are wholly engaged in the studies in the University. By virtue of such nomination, they will become the members of “the Court” and, in turn, they have voting rights for election to the Executive Council of the University.

JUDGMENT :

1. By this petition under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs :

“(a) The Hon'ble Court be pleased to issue appropriate writ, order of directions in the nature of certiorari quashing and setting aside the Notification No.155 of 2017 order issued on 16-08-2017 whereby the appointment of the petitioners are cancelled and be pleased to direct the respondent to continue the petitioners as an ordinary members upto 14-06-2018 as per the appointment order dated 04-07-2017.

(b) Pending admission, hearing and final disposal of this petition the Hon'ble Court be pleased to stay the implementation, operation and execution of notification no.155 of 2017 dated 16-08-2017 and be pleased to permit the petitioners to continue as member of Ordinary Members as per the appointment order dated 04-07-2017.

(c) Be pleased to pass such other order or orders, as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.”

2. Facts giving rise to this petition may be summarized as under :

(2.1) The petitioners have challenged a notification No.155/2017 dated 16th August, 2017 issued by respondent no.1 - Hemchandracharya North Gujarat University (hereinafter referred to as “the respondent University”) which is constituted under the provisions of the Hemchandracharya North Gujarat University Act, 1986 i.e. Act No.22 of 1986 (“the Act” for short).

(2.2) As per the notification no. 155/2017, the names of the petitioners were cancelled as nominee to “the Court” of the respondent University.

(2.3) “The Court” is one of the authorities of the respondent University under section 15 of the Act. Section 16 of the Act provides for the constitution of “the Court” and it consists of Class-I Ex-Officio members and Class-II ordinary members. Under Section 16(1) Class-II (C) (ii)(b)(i) and b(ii) of the Act, five postgraduate students and five undergraduate students are required to be nominated by the Vice-chancellor of the respondent University after following due process by inviting the names from the concerned department of the respondent University.

(2.4) It is the case of the petitioners that in the month of June 2017, the term of year of nominated members came to an end and therefore, the respondent University called upon the names of students from the examination department of post graduate and under graduate students.

(2.5) Respondent no.2 Vice Chancellor after obtaining details as per the merit list, decided to nominate the names of the petitioners as the members of “the Court” as per the provisions of Section 16(1) Class-II (C) (ii)(b)(i) and b(ii) of the Act. The petitioners were issued appointment order on 4th July, 2017 by the respondent University for a period of one year i.e. up to 14th June, 2018 on the post of ordinary members.

(2.6) It is the case of the petitioners that by the impugned notification No.155/2017 dated 16th August, 2017 appointment/nomination of the petitioners were cancelled by respondent no.2 without giving any reason or without giving any prior notice to the petitioners.

(2.7) The petitioners therefore, applied under the provisions of Right to Information Act seeking details of noting of office note of appointment made of the members of “the Court” in place of the petitioners. The petitioners thereafter being aggrieved by the said impugned notification has approached this Court by filing this petition.

(2.8) This Court by order dated 29th August, 2017 issued notice and granted interim relief in terms of paragraph 14(b) till the next returnable date by staying the implementation, operation and execution of No.155/2017 dated 16th August, 2017 and permitted the petitioners to continue as ordinary members of “the Court” as per appointment order dated 4th July, 2017.

(2.9) It appears that one of the persons namely, Aartiben Shivrambhai Chaudhari – respondent no.3 herein who was nominated in place of the petitioners by the impugned notification preferred Le