JUDGMENT

S.B. Sinha, J.- Whether the State of Andhra Pradesh had the legislative competence to enact Andhra Pradesh State Council of Higher Education Act, 1988 (Act 16 of 1988) (hereinafter called as "the 1988 Act") is the core question involved in these appeals which arise out of a judgment and order passed by the Andhra Pradesh High Court in Writ Petition No. 17222 of 1988.

2. The fact leading to filing of the Writ Petition by the respondent herein questioning the vires of the 1988 Act arose in the following circumstances:

The Central Government evolved a National Education Policy in the year 1986 pursuant whereto and in furtherance whereof, recommendations were made for creating a State Level Planning for coordination of the Higher Education through Councils of Higher Education. Such Councils were proposed to be set up as statutory bodies having regard to the fact that there did not exist any effective machinery for planning and coordination of higher education at the State level vis-a-vis implementation of the programmes made by the University Grants Commission (UGC). With a view to give effect to the said policy, UGC constituted a committee to go into the said matter and make rec