Eusoffe Abdoolcader J:

Exordium

Merdeka, proclaimed Tunku Abdul Rahman to the resounding echo of the populace, and so it came to be. But, the cry for Merdeka University has not achieved the same response and result. And thus the matter comes before the Court.

The future of the nation is on trial before me, so I am solemnly told, in this case in which the plaintiff, Merdeka University Bhd., seeks declarations against the defendant, the Government of Malaysia, that the rejection of its petition for the establishment of a private university to be known as Merdeka University is null and void in contravening the Federal Constitution and constituting an unreasonable and improper exercise of the discretion conferred on the Yang di-Pertuan Agong by s. 6 of the Universities and University Colleges Act 1971.

Let me immediately reiterate what I said in Court at the outset of these proceedings: I am not concerned with the political undertones or overtones or whatever that may affect the questions raised in this action, and in this trial I am moved by no considerations other than that of determining the issues involved purely and strictly within the confines of the Federal Constitution