Section 38 of The University of Allahabad Act, 2005
Disputes as to constitution of University authorities and bodies.
If any question arises as to whether any person has been duly appointed or elected as, or is entitled to be, a member of any authority or other body of the University, the matter shall be referred to the Visitor whose decision thereon shall be final.
Summary
- Disputes sometimes arise regarding whether a person was properly appointed, elected, or entitled to be a member of a University authority or body.
- Whenever such a question of membership arises, the matter must be sent to the Visitor for review.
- The decision made by the Visitor regarding the dispute is absolutely final.
- No other university officer can override the Visitor on these membership constitution issues.
Practical examples
FAQ
1. Who settles disputes about whether someone is rightfully on a university committee?
The Visitor settles these disputes.
2. Can I appeal the Visitor's decision if I disagree with it?
No, the law clearly states that the Visitor's decision on these matters is final.
3. Does this apply to disputes about staff salaries?
No, this section only applies to questions about whether someone is duly appointed or elected as a member of an authority or body of the University.
Test yourself
1.Under Section 38 of The University of Allahabad Act, 2005, who has the final say if there is a dispute over whether a person is rightfully a member of a University body?
2.Under Section 38 of The University of Allahabad Act, 2005, what is the legal status of the Visitor's decision regarding a membership dispute?
3.Under Section 38 of The University of Allahabad Act, 2005, what specific type of dispute is referred to the Visitor?
4.Read Section 38 of The University of Allahabad Act, 2005, alongside Section 35. If a student appeals an expulsion, and a professor disputes their removal from the Academic Council, how do the decision-makers differ?