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2021 Supreme(P&H) 370

FATEH DEEP SINGH
Prof. Keshav Malhotra – Appellant
Versus
Punjab University – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. R.S. Cheema, Mr. R. Kartikeya.
For the Respondents: Mr. Satya Pal Jain, Mr. Govind Goel, Mr. Piyush Bansal, Mr. Subhash Ahuja, Mr. Sahil Sharma, Mr. Pankaj Jain, Mr. Jaivir Chandail.

JUDGMENT :

FATEH DEEP SINGH, J.

“Power will intoxicate the best hearts, as wine the strongest heads. No man is wise enough, nor good enough, to be trusted with unlimited power.”

Colton

1. Little did the enactors of the Punjab University Act, 1947 (in short ‘the Act’) would have realized that what they have framed as a comprehensive and exhaustive legislation would come to be a tool in the hands of its own academic officer pursuing not the educational goals but satisfying his own personal ends and thereby in the process virtually oust its own governing body looking after the management and superintendence of this August institution once of International fame and oldest in this country. Such is the unbridled exercise of powers that even the power of Government under Section 33 of the Act could not deter him or had any sobering effect, and what to the nullifying effect of special meetings provided under Section 11(2) and 31(2)(c) of the Act empowering the requisite members of Senate to requisition a meeting. It is thus what has led the present petitioners who happen to be the Senators of respondent No. 1 University in knocking at the doors of this Court by way of instant Writ Petition hav

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