# Dr. Shyam Ji Shukla v. Sri K.R. Narayanan, the Visitor, B.H.U

- **Citation:** (2000) 3 ILRA 68
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 1998-02-17
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/dr-shyam-ji-shukla-v-sri-k-r-narayanan-the-visitor-b-h-u-39556
- **Pages:** 2

## Text

INDIAN LAW REPORTS ALLAHABAD SERIES [2000
68
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By the Court

1. This is an application under
Section 12 of the Contempt of Court Act
for initiating contempt proceeding and
punishing the opposite party for the
alleged wilful and deliberate defiance of
this Court's order dated 17.2.1998 passed
in Writ petition No. 20883 of 1997 and the
order dated 24.7.1998 passed in the review
application no.20094 of 1998.

2. I have perused the aforesaid orders
of this Court contained in Annexures 1 & 2
to the contempt petition. It appears that the
petitioner had filed writ petition no. 20883
of 1997 for quashing the advertisement
and selection as well as appointment of
Sri Ashok Sonkar who was arrayed as
respondent no.4 to the writ petition, to the
post of Lecturer in Tridesh Vigyan,
Department of Basic Principles Institute
of Medical Sciences. Banaras Hindu
University, Varanasi. The Division Bench
of this Court, after hearing the learned
counsel for the parties declined to
entertain the writ petition in view of the
alternative
remedy

available
under
Section 5 (7) of the Banaras Hindu
University

Act.
However,
while
dismissing the writ the Division Bench has
observed as under.

"However, it is provided that in case the
petitioner will file a representation before
the
learned
Visitor
that
would
be
entertained and decided on merit."

3. Thereafter the petitioner filed the
review petition no. 20094 of 1998 which
was partly allowed by providing that the
learned
Visitor
should
consider
the
representation of the petitioner dated
14.5.1997 and pass appropriate order on
the representation possibly within a period
3All] Dr. Shyam Ji Shukla V. Sri K.R. Narayanan, the Visitor, B.H.U.
69
of ten weeks from the date of
production of certified copy of the order.

4. It has been alleged in the contempt
petition that despite service of the order of
this Court upon the Hon'ble Visitor, the
representation of the petitioner has not
been decided.

5. It is apparent from the array of
parties to the writ petition that the Hon'ble
Visitor was not arrayed as respondent, and
rightly so, because of constitutional bar as
provided under Article 361 (1) of the
Constitution of India. Clause 1 of article
361 of the Constitution of India provides
that the president shall not be answerable
to any Court for the exercise and
performance of the powers and duties of
his office or for any act done or
purporting to be done by him in the
exercise and performance of those
powers and duties. Therefore, No Court
can compel the president to exercise any
power or to perform any duty, nor he is
amenable to the writ or direction issued by
any Court. Article 361 (1) of the
Constitution gives complete immunity to
the President and Governors of Sate from
any proceeding of the Court in the
exercise and performance of their powers
and duties of his office including any
duty or function which are incidental to
the exercise of his power and
performance of his duties. The protection
given under this provision not only extends
to his official acts and omissions but also
to those acts and omissions which are
incidental to the exercise of powers and
performance of his duties, Therefore, the
orders of his Court dated 17.2.1998 and
24.7.1998 were not binding on him. No
doubt, the action or the order of the
president can be scrutinized by the Courts
in order to give relief to the individuals
against the Government and the personal
immunity given to the President under the
Constitution will not stand as a bar in
instituting any suit or writ petition against
the Government. But in such suit or
proceeding the President is not a necessary
party and no Mandamus or direction can
be issued to the President.

6. Section 5 of the Banaras Hindu
University Act provides that the President
of India shall be Visitor of the University.
The president has been made Visitor of the
University by virtue of his office and not
in his personal capacity and thus, in my
view, the personal immunity to the
President for official acts provided under
Clause 1 of Article 361 of the Constitution
is available to him in respect of his
functions and duties as Visitor of the
University, because he has been made
Visitor by virtue of his office.

7. In this view of the matter, the
contempt petition fails and it is here by
dismissed. The notice issued to the
opposite party is here by discharged.

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