judgment

S.B. SINHA, J. —

1. Leave granted.

2. Kurmanchal Institute of Degree and Diploma is a study centre. It is recognized by Mahatma Jyotiba Phule Rohilkhand University (for short “the University”). It was constituted in the year 1975 by issuance of a notification under Section 4(1-A) of the Uttar Pradesh State Universities Act, 1973 (for short “the Act”) The State, however, is yet to make the first ordinance for the University.

3. Section 5 of the Act deals with territorial exercise of powers providing that the powers conferred on each University shall be exercisable in respect of the area for the time being specified against it in the Schedule. The University is to exercise its jurisdiction within the limits of districts Badaun, Bareilly, Bijnor, Jyotiba Phule Nagar, Moradabad, Pilibhit, Rampur and Shahjahanpur in terms of Entry 7 of the Schedule appended to the Act.

4. The Executive Council of the University was constituted in terms of Section 51 of the Act. The power to make ordinance is contained in Section 51 of the Act, clauses (a), (b) and (h) of Section 51(2) whereof read as under:

“(2) Without prejudice to the generality of the provisions of sub-Section (1), the Ordinance