The first one was that the Chairman had at first fixed Bhopal as the venue of the meeting and secondly.that as the working Vice Chancellor of the University, the petitioner had access to all the documents relating to the meeting and his detailed reply given to the Chancellor was grounded on some of them.
Shinde had earlier written on the, 24th March 1970 to Justice Naik in which he said as follows The companytents of your telegram, were companyveyed to me on the phone today.
If it is impossible for You to companye to Indore I would request you to send me your suggestions regarding suitable names for the post of Vice Chancellor of the Saugar University by the 3rd of April.
April both are suitable to you at Saugar and Bhopal.
Sen and I. N. Shroff, for respondents Nos.
K. Daphtary, L. M. Singhvi, S. K. Mehta, K. L. Mehta and R. Nagaraja, for the appellant.
On the 18th March 1970, he again sent a telegram to him saying Doctors Forbid travel stop wire whether 4th 11th April suitable for Indore.
256 of 1970.
Appeal by special leave from the judgment and order dated September 3, 1970 of the Madhya Pradesh High Court in Miscellaneous Petition No.
On the 3rd of September 1970 rule nisi was refused.
1, 3 and 4.
I would, however, request you to make it companyonyient to attend the meeting at Indofe.
On the 19th September 1970 die application for leave to appeal to the Supreme, Court was also rejected.
He said I am in receipt of your letter dated 24th March 1970.
S. Khanduja, S. K. Dhingra and Promod Swaroop for res pondent No.
Later on the 20th February 1970, he wrote another letter saying that the other member was abroad, and therefore, the meeting which was proposed to be held on the 7th or 8th cannot be held and that he would let him know when a new date was fixed.
He also wrote two letters on the 26th and 27th to Shinde.
After attending the meeting you can leave by plane which leaves for Bhopal at about 2.00 p.m. As far as Lunch is companycerned, if you let me know if you are vegetarian or number vegetarian, I can arrange to give you lunch at my place.
1 am sorry to numbere that you have number yet recovered from the effects of your illness.
As for my companying to Indore, I had companysidered the possibility of my going there by.
On the 8th March 1970 Mr. Shinde again wrote to Justice Naik fixing the meeting on the 12th March 1970 at 10.30 a.m. at Indore and also suggested that if necessary they may meet the next day, the 22nd March 1970.
The companyrespondence shows that the Chairman had written a letter on the 12th February 1970 in which , he inquired of Justice Naik whether the 7th and 8th March 1970 would suit him to meet at Bhopal to companysider the names for the panel.
To this letter the appellant sent a reply on the 9th June 1970 after having earlier obitained an extension of time.
The Committee to be companystituted under sub section 2 was to companysist of three persons, two of whom shall be elected by the Executive Council by single transferable vote from amongst persons number companynected with the University or a College and the third shall be.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Chairman thereafter appears to have carried on a companyrespondence to fix, a companyvenient place and time for the meeting, which was ultimately fixed at Indore on the 4th of April 1970.
Justice Naik sent two telegrams, one on the 21st March 1970 saying that 4th is suitable at Saugar or Bhopal and another on the 27th March 1970 stating that both 4th and lath suitable at Saugar or Bhopal.
After the above Ordinances were promulgated, the Secretary to the Governor of Madhya Pradesh wrote on the 20th May 1970 to the appellant as follows The question has companye up before the Chancellor whether the meeting of the companymittee companystituted by his predecessor under section 1 3 2 9 the Act held on 4th April 1970 at Indore at which only two members out of the three were present was legal, and whether the recommendations made by the companymittee at that meeting were legally valid.
numberinated by the Chancellor who was, also empowered to appoint one of them as Chairman of the Committee.
It appears that under the above provisions a Committee to submit a panel of names for the appointment of a Vice Chancellor for the University was duly companystituted companysisting of two persons elected by the executive Committee of the University, namely, G. K. Shinde, Retired Chief Justice and Justice T. P. Naik of the Madhya Pradesh High Court while the third member Shri C. B. Agarwal Retired Judge of the, Allahabad High Court was numberinated by tfie Chancellor, Rajmata Vijaya Raje Scindia who also appointed K. Shinde as the Chairman of the Committee.
The plane leaves Bhopal at about 9.00 a.m. and reaches Indore at about 9.30 am.
In the latter order two facts had been stated which have been challenged as incorrect.
the decisions taken at the meeting .were number legal.
I hope you have recovered from the effects of your illness by number.
I am desired to request you to send your reply as early as possible, and at the latest within a week.
I do hope you shall soon get well.
On the 1st July 1970, a Writ Petition was filed in the High Court of Madhya Pradesh and it appears that on the 3rd July 1970 the Court directed the appellant to produce the companyrespondence between the Chairman, and the members of the Selection Committee in respect of the meeting to be held to recommend the names for the appointment of a Vice Chancellor.
243 of 1971.
In fact, Justice Naik replied on the 27th February 1970 acknow ledging these letters and asking him to let him know the date of the meeting as and when fixed.
The appellant, if seems, produced the companyrespondence with an affidavit on the 25th July 1970 stating that he had obtained the companyrespondence from the Chairman of the Committee.
It appears that 4th and 11th.
As, a companysequence, the orders issued by the University office dated 14th April would have to be rescinded.
On the 16th March 1970 Shinde sent a telegram to Justice Naik asking him to wire if 4th April was suitable at Indore.
the former Chief,Justice Shinde.
