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january 1954

Supreme Court of India · 1954-01-15

THE VICE-CHANCELLOR, UTKALUNIVERSITY AND OTHERS vs S. K. GHOSH AND OTHERS.

Citation / case number
SC 1952/32
Court
Supreme Court of India
Petitioner
THE VICE-CHANCELLOR, UTKALUNIVERSITY AND OTHERS
Respondent
S. K. GHOSH AND OTHERS.
Bench
MAHAJAN, MEHAR CHAND (CJ),MUKHERJEA, B.K.,DAS, SUDHI RANJAN,BOSE, VIVIAN,HASAN, GHULAM

Judgment text excerpt

The Supreme Court held that the High Court cannot issue a mandamus under Article 226 to act as a court of appeal against the authority in question. It ruled that the absence of notice for meetings of the University Syndicate does not invalidate resolutions if there is substantial compliance with the spirit of the law, as seen in the unanimous resolutions passed despite some members' absence. The Court emphasized that the substance of the resolutions is more important than procedural defects, and thus the resolutions were upheld as valid.

THE VICE-CHANCELLOR, UTKALUNIVERSITY AND OTHERS vs S. K. GHOSH AND OTHERS. · Niyam