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1965 Supreme(All) 196

JAGDISH SAHAI, W.BROOME
Kashi Nath Misra – Appellant
Versus
Chancellor, University of Allahabad – Respondent


Advocates:
M.A. Ansari and S.S. Bhatnagar, for Petitioner; G.P. Singh, K.L. Misra, Standing Counsel and Advocate General, Shanti Bhushun for Respondents.

Judgement

JAGDISH SAHAI, J. :- By means of this writ petition filed by Sri Kashi Nath Misra, M. L. A., the order of the Chancellor, respondent No. 1, dated 26-2-1965, appointing under Section 11(1) of the Allahabad University Act (hereinafter referred to as the Act) the respondent No. 2, Sri R. K. Nehru, as the Vice-Chancellor of the Allahabad University, is challenged. It is not necessary to mention all the facts given in the writ petition and the affidavits filed by the parties because there is practically no dispute over them and the questions raised before us being entirely legal, do not require any consideration of question of fact. We would, therefore, give only such facts as would contribute to a correct decision of the questions of law raised before us. The Vice-Chancellor of the Allahabad University is a whole-time officer. Section 11 of the Act deals with the appointment of the Vice-Chancellor. That provision reads :-

"11(1) The Vice-Chancellor shall be a whole-time officer of the University and shall be appointed by the Chancellor from amongst the persons whose names are submitted to him by the Committee constituted in accordance with the provisions of sub-section (4).

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