Judgment

G.P. Mathur, J.—

Special Leave Petition (Civil) No. 10506 of 2005

1. This Special Leave Petition has been preferred against the judgment and order dated 26.4.2005 of High Court of Chhattisgarh by which Writ Petition No. 1506 of 2005 filed by the petitioner, Rai University, was dismissed.

2. The provisions of The Chhattisgarh Niji Kshetra Vishwavidyalaya (Sthapana Aur Viniyaman) Adhiniyam, 2002 (for short “the Act”) were challenged by Prof. Yashpal by filing a writ petition under Article 32 of the Constitution in this Court. The writ petition was allowed by this Court on 11.2.2005 and the judgment delivered is reported in JT 2005 (2) SC 165 (Prof. Yashpal & Anr. v. State of Chhattisgarh & Ors.). Paragraphs 45 and 46 of the reports, which have a bearing on the controversy in hand, are reproduced hereinbelow:

“45. As a consequence of the discussion made and the findings recorded that the provisions of Sections 5 and 6 of the Act are ultra vires and the Gazette Notifications notifying the Universities are liable to be quashed, all such Universities shall cease to exist. Shri Amarendra Sharan, learned Additional Solicitor General has submitted that the UGC had conducted an inquiry a