Point of Law: University cannot insist as to how the representatives are required to be elected by the petitioner who will be the members of the Syndicate as per Section 22(1)(f) of the Act, 1955. It is for the petitioner to elect the representatives as per its own bye-laws and therefore, the contentions raised on behalf of the respondent – University is not tenable in law.

JUDGMENT :

1. Heard learned Senior Advocate Mr.Dhval Dave assisted by Mr.Udit Vyas, learned advocate for the petitioner and learned Senior Advocate Mr.Shalin Mehta assisted by Mr.Sudhanshu Jha, learned advocate for the respondent.

2. Rule returnable forthwith. Learned advocate Mr.Sudhanshu Jha waives service of notice of rule for respondent – University.

3. The controversy raised in this petition is in narrow compass and therefore, with the consent of the learned advocate for the respective parties the matter is taken up for hearing.

4. By this petition the petitioner has prayed for the following relief :

“(a) That this Hon’ble Court may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction upon the Sardar Patel University, the respondent herein, to endorse and confirm the membership of the representatives of the petitioner to the Syndicate for the tenure of April 1, 2021 to March 31, 2024 notified by the petitioner vide the communication dated March 30, 2021 and thereupon, be pleased to direct the Sardar Patel University, the respondent herein, to issue the necessary notification under Section 22(1)(f) of the Sardar Patel University Act, 1955;

(b) That this Hon’ble Court may be pleased to issue a writ of mandamus or any other writ, order or direction upon the Sardar Patel University, the respondent herein, to recall and annul its communication dated April 19, 2021 and April 25, 2021 forthwith;

(c) That pending admission, hearing and final disposal of this petition, this Hon’ble Court be pleased to permit the representatives of the petitioner to attend the meetings of the Syndicate of the Sardar Patel University, the respondent herein, and exercise all powers available to them as members of the Syndicate of the Sardar Patel University on such terms and conditions and this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case;

(d) Alternatively, pending admission, hearing and final disposal of the petition, this Hon’ble Court may be pleased to restrain the Syndicate of the Sardar Patel University, the respondent herein, from convening and conducting nay meeting;

(e) That this Hon’ble Court may be pleased to award the costs of the present petition to the petitioner, and

(f) That this Hon’ble Court be pleased to pass such other and further relief as the nature and circumstances of the case may demand.”

5. The brief facts of the case may be summarized as under :

5.1 The petitioner is a Society registered under the Societies Registration Act, 1860 as well as a Public Trust registered under the provisions of the Bombay Public Trusts Act, 1950. The petitioner was established in the year 1945 for the purpose of imparting of education and is having under its banner various educational institutions from the level of School to the level of post-graduation.

5.2 The respondent – University is established under the provisions of the Sardar Patel University Act, 1955 (for short “the Act, 1955”).

5.3 It is the case of the petitioner that the office bearers of the petitioner are ex-officio members of the Senate of the respondent - University which is the apex body as per Section 15 of the Act, 1955. According to the petitioner, the petitioner is entitled to elect two members as per clause (f) of Subsection (1) of Section 22 of the Act, 1955 in the Syndicate of the respondent – University which is the executive authority.

5.4 It is the case of the petitioner that the election of two representatives as members of the Syndicate of the respondent – University is required to be made as per its own internal procedure and the respondent – University has no role to play in the election of two members to be elected by the petitioner.

5.5 As the Syndicate of the respondent – University was due for its reconstitution with effect from 1st April, 2021, a communication was addressed to the petitioner on 3rd March, 2021 to elect two representatives to the Syndicate as per Section 22(1)(f) of the Act, 1955