THE VICE-CHANCELLOR, UTKAL UNIVERSITY AND OTHERS versus S. K. GHOSH AND OTHERS.

Citation: [1954] 1 S.C.R. 883 · Decided: 15-01-1954 · Supreme Court of India · Bench: MEHR CHAND MAHAJAN

Judgment (excerpt)

S.C.R. 
SUPREME COURT REPORTS 
883 
conducted themselves not in accordap.ce with law or if 
they have acted 
in excess of their jurisdiction. The 
same is 
the answer to the petitioner's next contention 
that the sale 
could not 
be confirmed by the Minister 
and 
that 
under the rules it was only the Chief Com-
m1ss10ner who was 
authorised to confirm it. The 
point of 
discrimination 
was 
not 
seriously 
argued 
before us. 
For the reasons given above we see no validity in 
this application 
and 
we accordingly dismiss 
it with 
costs. 
Petition dismissed. 
Agent for the peut10ner: S. D. Sekhri. 
Agent for the respondent: G. H. Rajadhyaksha. 
THE VICE-CHANCELLOR, UTKAL 
UNIVERSITY AND OTHERS 
fl. 
S. K. GHOSH AND OTHERS. 
[MEHR 
CHAND 
MAHAJAN. C.J., 
MuKHERJEA, 
S. R. DAs, VrVIAN 
BosE and GHULAM 
HASAN JJ.] 
Constitution of 
India, art. 
226-Mandamus 
petition-High 
Court-Whether can 
constitute itself as court of 
appeal-Resolu~ 
ti<>ns passed by 
University 
Syndicate-Validity 
of-Notice 
of 
meeting issued to all-T¥ant 
of due notice 
waived-Substantial 
compliance with spirit of law. 
In the present case there were two meetings of the University 
Syndicate, consisting of twelve members. 
Proper notices of both 
meetings were issued to all the members but one member did not 
attend one meeting and another n1e111ber did not attend the other 
·meeting. 1'he defect \Vas 
that the subject matter of the present 
·case was not included in the agenda of either meeting but one of 
the items in the agenda of both the notices was "other matters_, 
if any." 
The subject matter consisted of leakage of examination 
papers and the cancellation of results. 
~fhose present 
passed 
the 
resolution on both occasions unanimously. 
The High Court held 
that want of notice in 
the two cases invalidated the resolutions 
!954 
Coovetjee 
B. Bharucha 
v. 
The Excise Com-
missioner and the 
Chief Commis~ 
sioner, Ajmer 
and Others. 
Mahajan C . .]. 
1951 
Jariuary 15. 
1954 
The Vice Chan-
cellor, Utkal 
University 
and Others. 
v. 
S. K. G'wsh 
and Ot'LtTs. 
Bose]. 
884 
SUPREME COURT REPORTS 
[1954) 
and issued a 1nandan1us directing the syndicate 
to take steps 
for 
the publication of the results : 
Held, that \vant of due notice can be \vaived in given circum~ 
stances. 
In the present case the two absentees did in fact 
attend 
one or other of the meetings and expressed their views, not indivi-
dually but as members of a meeting which was considering the 
n1atter and there was unanimity on both occasions. 
The substance 
is more important than the form and if there is substantial com-
pliance \Vith the spirit and substance of 
the law, an unessential 
defect in form shpuld not be allowed to defeat what 
is otherwise 
a proper and valid resolution. 
As in the present case, there was 
actual appearance without objection at meetings properly convened 
and there was complete unanimity on bOth occasions the 
two 
resolutions were not invalid because whatever 
may 
be thought 
about each taken separately, the defects, 
if any, are cured when 
two are read together and regarded as a whole. 
Held further, that in a 1nandamus petition 
the High 
Court 
cannot constitute itself into a court of appeal from the authority 
against which 
appeal is 
sought. 
It is not the function of courts 
of law to substitute their wisdom and discretion for that 
of the 
persons to \Vhose judgment the matter in 
question is entrusted by 
the law. 
1'he present was not the sort of case in which 
a mandamus 
ought to issue. 
Radha Kishan faikishan v. Municipal 
Committee, 
Khandwa 
(61 I.A. 125) and Young v. Ladies Imperial Club (89 L.J.K.B. 563) 
referred to. 
CIVIL 
APPELLATE 
JURISDICTION : 
Civil 
Appeal 
No. 7 of 1952. 
Appeal by special leave from the Judgment and 
Order, dated 9th and 17th August, 1951, of the High 
Court of Judicature at Orissa in Miscellaneous Judicial 
Case No. 80 of 1951, and Order dated the 20th August,, 
1951, in Supreme Court Appeal No. 15 of 1951, on the. 
file of the said High Court. 
Dr. Bakshi Tek Chand (G. C. Mathur and H. Moha-
patra, with him) for the appellants. 
N. C. Chatterjee 
( V. S. Sawhney and R. Patnaik, 
with 
him) 
for 
respondents 
Nos. 
1-8, 10-16, 
18-23 
and 25-34. 
1954. January 15. The Judgment of the Court was 
delivered by 
BosE J.-This appeal 
arises out of a petition made 
by certain students of the Utkal University of Orissa 
S.C.R. 
SUPREME COURT REPORTS 
885 
to the 
High Court of Orissa 
at 
Cu

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