Back
1959 Supreme(All) 128
IN THE HIGH COURT OF ALLAHABAD
V. D. Bhargava and R. A. Misra, JJ.
PREM NARAIN TANDON - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
Writ Petition 16 Of 1959
Decided On : 08/03/1959
B.K.DHAON, U.S.Srivastava
Headnote:
{'KEYWORD': 'ORDINANCE - RETROSPECTIVE EFFECT - VESTED RIGHTS - UNIVERSITY ADMINISTRATION - JUDICIAL INTERFERENCE', 'SUBJECT': 'Validity of Ordinance affecting vested rights in pending writ petitions challenging removal of members from University bodies.', 'ACT SECTION LIST': ['Article 213', 'Article 200', 'Article 226'], 'SUMMARY': "The Lucknow University (Amendment) Act, 1957 was amended by an Ordinance issued by the Governor on 22-6-1959. The Ordinance retrospectively determined the term of elected and nominated members of the University with effect from the dates mentioned in orders and notifications issued under the Act or Statutes. Petitioners, members of the University Court and Executive Council, challenged the validity of the Ordinance and the Removal of Difficulties Orders issued earlier, arguing that their vested rights were affected and the Ordinance was mala fide. The Court held that the Ordinance was valid and the petitioners' rights were taken away retrospectively. It declined to interfere in the internal administration of the University, especially when the entire management was being overhauled. The Court also noted that granting relief at that stage would be ineffective and of academic interest only."}
Fact of the Case:
Three writ petitions were filed by members of the Lucknow University Court and Executive Council challenging the validity of Removal of Difficulties Orders and an Ordinance issued by the Governor. The petitioners argued that the Orders and Ordinance retrospectively determined their terms and affected their vested rights.
Finding of the Court:
The Court held that the Ordinance was valid and the petitioners' rights were taken away retrospectively. It declined to interfere in the internal administration of the University, especially when the entire management was being overhauled. The Court also noted that granting relief at that stage would be ineffective and of academic interest only.
Issues: ['Validity of Ordinance affecting vested rights in pending writ petitions', 'Retrospective effect of Ordinance on vested rights', 'Judicial interference in University administration']
Ratio Decidendi: 1. The Ordinance was valid and the petitioners' rights were taken away retrospectively. 2. The Court declined to interfere in the internal administration of the University, especially when the entire management was being overhauled. 3. Granting relief at that stage would be ineffective and of academic interest only.
Final Decision: The Court dismissed the writ petitions with costs.
( 1 ) THESE are three connected writ petitions filed by three members two of whom, that is, Anand nartin and Sidh Nath Misra petitioners in writ petitions Nos. 222 and 232 of 1958 had been elected as members of the Court of the Lucknow University, while Prem Narain Tandon petitioner in writ petition No. 16 of 1959 was nominated by the Chancellor as member of the executive Council of the Lucknow University. Petitioner Anand Narain had been elected on 7-8-1956 for three years and his term expires on 6-8-1959. Petitioner Sidh Nath Misra was elected on 4-8-1956 for a period of three years and his term expires on 3-8-1959. Prem Narain Tandon was nominated on 9-10-1956 for a period of three years and his term expires on 8-10-1959.
( 2 ) LUCKNOW University Act (Act V of 1920) is the main Act which had been amended several times later. The important amendment in question is the amendment of the Lucknow University act by Act VI of 1955, which came into force on 23-3-[1955. According to that Act as amended by Removal of Difficulties Orders of the State Government and statutes framed thereunder fifteen members were to be elected for the court of the University from amongst those donors, who had given donations between Rs. 500/- and Rs. 20,000/-, thirty members were to be elected from the constituency of registered graduates and five members to be nominated to the Executive council of the University by the Chancellor. Anand Narain petitioner was one of those who had been elected from the donors constituency, sidh Nath Misra from the registered graduates constituency while Prem Narain Tandon had been nominated to the Executive Council. There have been about six orders named as Removal of difficulties Order, they being called first, second, third, fourth, fifth) and sixth order. Among them Removal of Difficulties (Fourth) Order was issued by the respondent No, 1, the State government by which the Removal of Difficulties 2nd Order was amended to the extent that the authorities constituted prior to the commencement of Act VI of 1958, shall continue not later than 15-1-1959, notwithstanding the provisions of the Act or the Statutes in force before 7-5-1958. 7-5-1958 is the date on which the Statutes were framed under Lucknow University (Amendment) Act No. 6 of 1958. The effect of this order was that so far as Anand Narain was concerned, he was not to continue as a member of the court after 15-1-1959. Similarly Sidh Nath Misra was also not to continue as a member after that date. As new elections had to be made under the new set up, on 14-10-1958, respondent No. 2, that is, the Registrar of the Lucknow University, issued a notice calling for nominations under the new Statutes and Act VI of 1958 and fixed 29-10-1958 as the last date for filing nomination papers far the donors constituency and by another notice dated 16-10-1958, the Registrar issued a notice calling for nominations under the new Statutes and Act VI of 1958 and fixed 31-10-1958 as the last date for filing nomination papers from the Registered Graduates constituency. The petitioners Anand Narain and Sidh Nath Misra came to this Court with writ petitions on 24th October and 28th October respectively, and got an interim stay order from this court staying the elections of the new members.
( 3 ) THE nomination of Prem Narain Tandon was determined by the Removal of Difficulties (Sixth) Order of 1959 issued on 5-1-1959, which determined all nominations with effect from 16-1-1959. Petitioners Anand Narain and Sidh Nath Misra challenge the validity of the Removal of Difficulties (Fourth) Order of 1958 while the petitioner Prem Narain Tandon challenges the validity of the Removal of Difficulties (Sixth) Order of 1959.
( 4 ) AT the outset it may be noticed that there are only just a few days left till when Sidh Nath misra and Anand Narain are to continue as members of the court. As already mentioned Sidh nath Misras membership expires on 3-8-1959, and that of Anand Narain
