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PETITIONER: THE VICE-CHANCELLOR, UTKALUNIVERSITY AND OTHERS
Vs.
RESPONDENT: S. K. GHOSH AND OTHERS.
DATE OF JUDGMENT: 15/01/1954
BENCH: BOSE, VIVIAN BENCH: BOSE, VIVIAN MAHAJAN, MEHAR CHAND (CJ) MUKHERJEA, B.K. DAS, SUDHI RANJAN HASAN, GHULAM
CITATION: 1954 AIR 217 1954 SCR 883
ACT: Constitution of India, art. 226-Mandamus petition-High Court-Whether can constitute itself as court of appeal- Resolutions passed by University Syndicate-Validity of- Notice of meeting issued to all-Want of due notice waived- Substantial compliance with spirit of law.
HEADNOTE: 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 member did not attend the other meeting. The defeat was 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. Those present passed the resolution on both occasions unanimously The High Court held that want of notice in the two cases invalidated the resolutions 884 and issued a mandamus directing the syndicate to take steps for the publication...