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1978 Supreme(Raj) 27

M.L.JAIN
KAILASH CHANDRA KOTIA – Appellant
Versus
UNIVERSITY OF RAJASTHAN – Respondent


Advocates Appeared:
C.M.MATHUR, M.M.Kasliwal,

Judgment


M. L. JAIN, J.

( 1 ) THE facts of this petition are that the petitioner Dr. Kailash Chandra Kotia, professor of Medicine and Cardiology in the S. M. S. Medical College, Jaipur, was nominated by the Chancellor to the Syndicate of the University of rajasthan in Dec. 1974. By an Ordinance that Syndicate was dissolved end Dr. Kotia remained member only from Dec. 1974 to June, 1975. When the new syndicate was constituted, the petitioner was again nominated by the chancellor but it was again dissolved by an Ordinance. This time Dr. Kotia remained a member of the Syndicate from Oct. 1and75 to June, 1977. On 19th aug. 1977, another Act was made amending the University of Rajasthan Act, 1946, by which the Syndicate was dissolved and a new provision for constitution of the Syndicate was enacted by substituting the existing Section 21. The Syndicate now comprised inter alia two teachers to be elected from amongst themselves by the teachers of the affiliated colleges. Sub-section (3)of Section 21 further provided as follows :

" (3)--no person referred to in Clauses (iii) to (x) of Sub-section (1)shall be eligible for election and/or nomination for more than two terms. "

The Vice-Chance
















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