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1997 Supreme(Online)(HP) 3

HIMACHAL PRADESH HIGH COURT
Not Mentioned, Not Mentioned
Professor or H.P University – Appellant
Versus
Himachal Pradesh University – Respondent


1. I. PREFACE :
This petition was filed by a Professor or H.P University who was in service, at the time when it was filed, in Himachal Pradesh University, Shimla. The prayer in the petition is to declare the amendments made by the Himachal Pradesh University (Amendment) Act, 1983 to Himachal Pradesh University Act, 1970 as illegal, ultra vires, prompted by wrong information, based on erroneous presumptions, a fraud on the Legislature, inconsistent with and repugnant to the objects of the principal Act, violative of the basic structure and essential features of the constitution of the University, a source of confusion and contradictions, tending to convert an autonomous institution into an agency or instrumentality of the State, harmful to the public interest, and quash the same. There is also another prayer to declare illegal and ultra vires the amendments in S.8 and 12 of the First Statutes of the University brought in by a notification No. 3-1/76 - HPU (Genl) Vol. II, dated 21st November, 1985, being violative of the proviso to S. 39(2) of the principal Act.

2. Before referring to the averments contained in this writ petition it is necessary to make mention of two earlier writ pet






















































































































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