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1970 Supreme(Ker) 109

DUA, M.HIDAYATULLAH, SHAH, HEGDE, GROVER, RAY
STATE OF KERALA – Appellant
Versus
VERY REV. MOTHER PROVINCIAL – Respondent


Judgment :-

1. These appeals by certificates granted by the High Court of Kerala under Art.132 (1) and 133 (1) (c) of the Constitution are directed against a common judgment, September 19, 1969, declaring certain provisions of the Kerala University Act, 1969 (Act 9 of 1969) to be ultra vires the Constitution of India while upholding the remaining Act as valid. They were heard together. This judgment will dispose of all of them. The validity of the Act was challenged in the High Court by diverse petitioners in 36 petitions under Art.226 of the Constitution. Some parts of the Act were declared ultra vires the Constitution. As a result there are cross appeals. 36 appeals have been filed against the several petitioners by the State of Kerala. Another 36 appeals have been filed by the University of Kerala which made common cause with the Government of Kerala. 7 appeals have been preferred by seven original petitioners, who seek a declaration that some other provisions of the Act, upheld by the High Court as valid, are also void.

2. The Kerala University Act, 1969 (which repealed and replaced the Kerala University Act 1957 (Act 14 of 1957) was passed to reorganise the University of Kerala








































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