The eligibility of teachers from affiliated colleges to vote and contest for membership in the Academic Council under the Madurai Kamaraj University Act.

K. A. SWAMI, J.

This appeal is preferred against the order dated 18-7-1996 passed by the learned single Judge in W.P. No. 10120 of 1996, in which the petitioner sought for quashing the Notification No. 892/7 (sic) (Cr. P. C. and Prof. (96) dated 10-7-1996 issued by the respondent. The petitioner specifically prays that Clauses 1 and 6 of the said Notification be quashed and further prays for a direction to the respondent to conduct election to the Academic Council under Section 24(a), Clause II (4) of the Madurai Kamaraj University Act, after deleting Clauses 1 and 6 in the aforesaid Notification.

2. Sub-clause (4) of Section 25 of the Madurai Kamaraj University Act provides for filling up of the vacancies in the Academic Council, which reads thus :-

"One member from each post-graduate college who is not the Principal of such college elected by the teachers of the College including Physical Tutors, Demonstrators and Physicals Instructors from among the themselves. The duration of the office of three years."

This, the aforesaid provision does not make any distinction between the University College or a Private College affiliated to the University or aided or unaided college. As long as the College is affiliated to the University, the teachers working in such College would be eligible. The Notification dated 10-7-1996 is in conformity with sub-clause (3) of Section 25 of Madurai Kamaraj University Act.

Clause 1 therein specifically provides as follows :-

"1. Teachers who have been relieved from the colleges are away for study under P.I.F. Programme of the U.G.C. to undergo M.Phil and Ph.D. Course and hence they are not eligible to exercise their franchise in the above election. Substitutes appointed in their places are eligible to vote; if they are now in service."

3. We do not see anything wrong with the aforesaid provision, which enables the eligible teachers to appoint their substitutes for the purpose of voting. As they would not be available at the time of voting. Clause 6 enables the teachers of the unaided day course and evening course to vote and contest for the Membership of the Academic Council. As pointed out earlier, as long as the College is an affiliated College of the University, teachers working in that College would be eligible to vote and also contest to the Academic Council. Hence, we are of the view that the view taken by the learned single Judge is correct and it does not call for interference.

4. The appeal is, accordingly, dismissed.

Appeal dismissed.