Section 16C of The Banaras Hindu University Act, 1915
1[16C. Proceedings not to be invalidated by vacancies, etc.--No act or proceedings of any authority or board or committee of the University shall be invalid merely by reason, of--
- (a)any vacancy in, or defect in the constitution thereof, or
- (b)any defect in the election, nomination or appointment of a person acting as a member thereof, or
- (c)any irregularity in its procedure not affecting the merits of the case.]
Summary
- Actions and decisions made by University authorities, boards, or committees remain legally valid even if there is an empty seat on the committee.
- A decision is still valid even if someone acting on the committee was elected, nominated, or appointed incorrectly.
- Small mistakes in how a meeting or procedure was run will not cancel the decision, as long as the mistake did not affect the actual merits of the case.
Practical examples
FAQ
1. What happens if a committee member's initial appointment was totally defective?
The past actions and proceedings of the committee are not invalidated just because of a defect in a member's appointment.
2. Can any procedural mistake at a meeting be ignored?
No, an irregularity in procedure can only be ignored if it does not affect the actual merits or fairness of the case.
3. Does this protection rule apply to the University Court?
Yes, it applies to any authority, board, or committee of the University.
Test yourself
Q1.Under Section 16C of The Banaras Hindu University Act, 1915, if the University's Executive Council makes a major administrative decision while one of its member seats happens to be empty, what is the legal status of that decision?
Q2.Under Section 16C of The Banaras Hindu University Act, 1915, what happens if it is later discovered that a member of a university committee was appointed with a defect in their nomination process?
Q3.Under Section 16C of The Banaras Hindu University Act, 1915, a procedural irregularity will only ruin a committee's decision if it meets what specific condition?
Q4.Under Section 16C of The Banaras Hindu University Act, 1915, which of these groups within the University benefits from this protection against invalidation due to vacancies or minor errors?