The amendment allowing non-students in the General Council violates the legislative intent of maintaining student representation, rendering it ultra vires.

1 The main challenge in these two petitions is against the amendment made by Notification dated 27-3-1982 to Clause 6 of the "Byelaws of the Kerala University Union for students" (the "Bye laws"). The petitioners are full-time students of colleges affiliated to the University of Kerala. They contend that as a result of the amendment persons who have ceased to be students of the University are allowed to continue as members of the General Council of the Kerala University Union.

2 Clause 6 of the bye laws before the impugned amendment read as follows:
"6. Tenure of office: The members of the General Council, Executive Committee and Accounts Committee shall hold office till the reconstitution of the General Council," Clause 21(1) of the bye laws says;
"21. Reconstitution: (1) The General Council, the Executive Committee and the Accounts Committee of the Union shall be reconstituted by the Syndicate every year."
We are concerned only with the General Council in the present case. By Notification dated 27-3-1982 the University introduced two amendments to the bye laws. It is the second amendment which is now under challenge. That amendment is to Clause 6 of the bye laws. The original clause 6 is now substituted by the new clause, which reads:
6, Tenure of office. The Members of the General Council, Executive Committee and Accounts Committee shall hold office for a period of 12 months or till the re-constitution of the General Council whichever is earlier, notwithstanding the fact that such members cease to be students. The main thrust of the challenge against the new Clause 6 is directed against its non obstinate clause which permits persons who cease to be students to continue in the General Council. This, the petitioner points out, is contrary to the provisions of the Act and inconsistent with the legislative intent. To permit non students to represent the students in the General Council is to enable the former to elect the student representatives in the Senate. This is contended to be ultra vires Sec. 5.

3 Before I examine the effect of this amendment it is necessary to have a quick look at the relevant provisions of the Kerala University Act, 1974 (the "Act") to understand the legislative scheme in so far as, it concerns the matters in question. A student is defined under Sec. 2(24) as follows.
'Student' means a part-time or full time student receiving instruction or carrying on research in any of the colleges or recognised institutions;'
This shows that a past student is not a student. Both full time and part-time students are students. S.5 empowers the University to institute and provide funds wherever necessary for the maintenance of... ...a University Union for students."
(Sec. 5(xv)(c))
These provisions show that the University Union is meant for persons under going a course of studies or carrying on research as part-time or full time students in an affiliated college or recognised institution. In other words the Union is meant for present students. S.16 mentions the various authorities of the University, among which are the Senate, the Syndicate and the Students' Council. The Senate consists of Ex Officio members, elected members, life members and other members (Sec. 17). The Ex Officio members are the Chancellor, Pro-Chancellor, Vice-Chancellor and others. The elected members, apart from student representatives, consist of Principals, teachers, representatives of trade unions, and managers of private colleges, etc. The student representatives are:
"Ten members elected by the members of the General Council of the University Union from among full-time students, of whom one shall be a post-graduate student, one shall be a research scholar, one shall be the student of a professional college and one shall be a lady student." (Item 12 among the Elected Members under S.17.) This shows that the 10 student members of the Senate are elected by the General Council not necessarily from amongst themselves, but from among full-time students