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1984 Supreme(All) 544

KAMLESHWAR NATH, D.N.JHA, R.C.DEO SHARMA
L. N. MATHUR – Appellant
Versus
CHANCELLOR, LUCKNOW UNIVERSITY – Respondent


Advocates Appeared:
J.C.Srivastava, K.C.Jauhari, K.CHANDRA, P.N.Mathur, UMESH CHANDRA

D. N. JHA, J.

( 1 ) THIS reference has been made by a learned single Judge in view of the conflict of judicial opinion between two Division Bench decisions expressed in Dr. (Mrs.) Prabha Gupta v. Lucknow University, 1981 Lawyers Law Times (Services) 51 and Dr. U. N. Roy v. His Excellency, Sri G. D. Tapase (the Ex-Governor, State of Uttar Pradesh), Chancellor, Allahabad University, 1981 UPLBEC 309. In the former decision a Division Bench expressed a view that the decision of the Chancellor in regard to appointment of a teacher made under S. 31 (8) (a) of the U. P. State Universities Act, 1973 (hereinafter to be referred as the Act) is not of a quasi-judicial nature. In the case of Dr. U. N. Roy (supra) the Division Bench held that while exercising powers under S. 31 (8) (a) of the Act the Chancellor exercised quasi-judicial power. The learned single Judge, therefore, has made a reference to the larger Bench to decide as to whether powers exercisable by the Chancellor under S. 31 (8) (a) are quasi-judicial and he is required to state reasons for his decision or whether such an order is not a quasi-judicial order and it is not necessary to pass a speaking order.


( 2 ) THE facts of the










































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