GUJARAT UNIVERSITY versus N.U. RAJGURU AND ORS.

Citation: [1988] 1 S.C.R. 899 · Decided: 10-11-1987 · Supreme Court of India · Bench: E.S. VENKATARAMIAH · Disposal: Appeal(s) allowed

Judgment (excerpt)

GUJARAT UNIVERSITY 
v. 
N.U. RAJGURU AND ORS. 
NOVEMBER 10, 1987 
A 
[E.S. VENKATARAMIAH AND K.N. SINGH, JJ.] 
B 
Election of teachers to the court of the Gujarat University-
Provisions of the Gujarat University Act-1949, relating thereto. 
The University of Gujarat held election of 28 members of the 
Court of the University out of 42 members, as the election with regard 
to the 14 seats had been stayed by an order of the High Court. The 
respondents-teachers filed a writ petition in the High Court for setting 
aside the election of the 28 members and holding fresh election for all 
the seats. The High Court set aside the election to the 28 seats and 
directed the holding of fresh election for all the 42 seats. Aggrieved by 
c 
the decision of the High Court in the writ petition, the appellant 
D 
appealed to this Court. 
Allowing the appeal, the Court, 
HELD: The High Court committed an error in entertaining the 
writ petition and interfering with the election. Election to the member-
E 
ship of the court of the University and the determination of the disputes 
relating thereto, are regulated hy the provisions of the Gujarat Uni-
versity Act, 1949. Under section 58 as substituted by the Gujarat Act 9 
of 1983. Under the provisions of the Act, if a dispute arises with regard 
inter alia to the election of any member of any authority or other body 
of the University, it shall be referred to the State Government, which 
F 
shall decide the matter and the decision of the Government shall be 
final. It is well-settled that where a statute provides for an election and a 
machinery or forum to determine any dispute arising out of that elec-
tion, the aggrieved person should pursue his remedy before the forum 
provided by the statute. It is not permissible to invoke the jurisdiction 
of the High Court by a writ petition, by-passing the machinery provided 
G 
by the Act for the determination of the election dispute. The remedy 
provided by the statute must be followed except where exceptional, 
extraordinary circumstances exist to justify the by-passing of the alter-
native remedies. In the present case, there existed no circumstance, 
justifying departure from this rule and the High Court was not right in 
entertaining the writ petition. [902B; 903B-C, G-H; 904B] 
H 
899 
900 
SUPREME COURT REPORTS 
[1988] 1 S.C.R. 
K.K. Shrivastava etc. v. Bhupendra Kumar Jain & Ors., AIR 
Y 
A 1977 SC 1703; Ramjibhai Ukabhai Parmar v. Manila/ Purushottam 
Solanki & Anr., Am 1960Gujarat19, referred to. 
B 
c 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2321 
of 1984. 
From the Judgment and Order dated 7.2.1984 of the Gujarat 
High Court in Special Civil Application No. 5985 of 1983. 
Dr. Y.S. Chitale, P.H. Parekh, l">. Chandrachud, San jay Bharati, 
S.N. Shela! and M.K.S. Menon for the Appellant. 
B.K. Mehta and H.J. Jhaveri forthe Respondents. 
The Judgment of the Court was delivered by 
SINGH, J. This appeal is directed against the judgment of the 
D High Court of Gujarat dated 7th February, 1984 setting aside the 
election of 28 teachers to the Court of the Gujarat University and the 
consequential order directing the University to hold fresh election for 
the 42 members constituency to the court. 
Briefly the facts giving rise to this appeal are these. The Gujarat 
E University is constituted under the provisions of the Gujarat Univer· 
sity Act, 1949. Section 15 of the Act designates the "Court" as an 
authority of the University. Section 16 provides for the constitution of 
the "Court", it consists of two classes of members, ex-officio, and 
elected members. Section 16(1) provides for election to the category of 
'ordinary members of court'. Clause (A) (VIII) of Section 16(1) lays 
F down that 42 members shall be elected by teachers of affiliated col-
leges (excluding Deans of Faculties and Principals of Colleges) from 
amongst themselves in the manner specified in the statutes. Sections 
28 and 29 confer power on the Court to frame statutes in respect of 
matters which by the Act are required to be prescribed by the statutes. 
Statute 10(3) of the University of Gujarat provides for election of 42 
G members to the court by teachers excluding Deans of Faculties and 
Principals of Colleges in the manner specified therein. It further pro-
vides that 14 members shall be elected to the court by the teachers of 
Faculty of Arts and Education, out of which IO members shall be 
elected by teachers having teaching experience of IO years o

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