JUDGMENT

Irshad Ali, J.

Heard Shri Prashant Chandra, learned Senior Advocate assisted by Ms. Radhika Singh, learned counsel for the petitioner and Shri Shubham Tripathi, learned counsel for the respondents.

2. By means of the present writ petition, the petitioner has prayed for the following reliefs:

"a) issue a writ of certiorari or a writ, order or direction in the nature of certiorari quashing the order dated 24.12.2020 passed by the Vice Chancellor contained in Annexure-1.

b) issue a writ of mandamus or a writ, order or direction in the nature of mandamus commanding the Vice Chancellor and the respondent-University to continue the election from the stage from where the elections were abruptly stopped.

c) issue any other appropriate writ, order or direction which this Hon'ble Court may deem just and necessary in the circumstances of the case may also be passed; and

d) to allow the writ petition with costs."

3. Facts of the case are that the petitioner had completed his diploma in the year 1973 and completed post-graduation from the King George's Medical College in the year 1975. On 31.7.2004, the petitioner was registered as a registered graduate at the King George's Medical College placed at serial no.301 of the list of registered graduates. On 3.6.2014, Registrar of the respondent-University had approved and affirmed the status of the petitioner as a registered graduate of King George's Medical University. On 2.12.2020, list of registered graduate was displayed on the website of the respondent-University inviting objections. On 7.12.2020, election program for election of fifteen members of King George's Medical University Court published by the Vice Chancellor of the King George's Medical University. Process of elected commenced. On 14.12.2020, the petitioner required to submit the copy of his degrees. Substituted with a covering letter. On 21.12.2020, the petitioner filed nomination papers for being selected in the Court of the University.

On 22.12.2020, legal opinion sought on representation of some teacher (non-applicant), whose application for being registered as a registered graduate had been rejected in 2015 rendered by the legal counsel of the university. Statutory provisions misread and misapplied. On 24.12.2020, Vice Chancellor passed orders solely relying upon and quoting the legal opinion. He ignored the statutory provisions and unilaterally reviewed the earlier decisions though not specifically assailed. No opportunity of hearing provided to the petitioner or any affected person. Process of election was stopped midway and after it was commenced.

4. Gist of the issue raised in the petition is recorded in order dated 25.1.2021. The order reads as under:

"1. Heard Sri Prashant Chandra, learned Senior Advocate assisted by Ms. Radhika Singh, learned counsel for the petitioner and Sri Abhinav Trivedi, learned counsel for the respondent - University.

2. At the very outset, learned counsel for the respondent raised two preliminary objections in regard to maintainability of the writ petition :

a) Against the order impugned, reference lies before the Registrar of the University.

b) The petition is premature and no final decision has been taken in the matter. Only the election has been cancelled on the ground that there are certain members, who have wrongly been inducted and registered in the electoral college, who has to participate in the election.

3. To meet out the preliminary objection raised by learned counsel for the respondent - University, submission of learned Senior Counsel for the petitioner is that the petitioner was registered at member in accordance with provisions contained under the King George Medical University