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1965 Supreme(All) 23

R.S.PATHAK
Shabbir Fatima – Appellant
Versus
The Chancellor, University of Allahabad – Respondent


Advocates:
S.C. Khare, KML Hajala and V.K. Gupta, for Petitioners; C.P. Singh and H.N. Seth, Junior Standing Counsel and Advocate General, for Opposite Party.

JUDGMENT : The petitioners, who are lecturers of the University of Allahabad, pray for a writ in the nature of quo-warranto to enquire from the Chief Justice of this Court and Sri Sri Prakash by what authority they purport to act as members of the Committee constituted under S.11(4) of the Allahabad University Act and for a writ in the nature of mandamus directing the Chancellor not to accept the recommendations made by the Committee so constituted.

2. The University of Allahabad was established and incorporated by the Allahabad University Act, 1887. It is presently governed by the Allahabad University Act, 1921. The Vice-chancellor, who is a wholetime officer of the University, and its principal executive and academic officer, is appointed by the Chancellor of the University under the Act which provides the mode of appointment. The Act has been amended from time to time, and for reasons which it is not necessary to mention here, the provision laying down the procedure governing the appointment of the Vice-Chancellor, was amended by the Uttar Pradesh University Act, 1961, and a new provision was substituted for the earlier one. This provision, which is S. 11 of the Act, in its mater





























































































































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