JUDGMENT

Hishamudin Mohd Yunus JCA:

(1) This is the appellants appeal against the decision of the High Court Judge of Kuala Lumpur (of the Appellate & Special Powers Division) of 28 September 2010 dismissing their originating summons application.

(2) By an originating summons the appellants have sought a declaration that s. 15(5)(a) of the Universities and University Colleges Act 1971 ("UUCA") contravenes art. 10(1)(a) of the Federal Constitution. The appellants have also sought a consequential declaration that the pending disciplinary proceedings, brought against them by the 3rd respondent for alleged disciplinary breaches connected with s. 15(5)(a) UUCA, are not valid in law.

(3) The appellants appeal against the decision of the learned High Court judge is on the following grounds:

(a) that the learned judge had erred in law and/or in fact in holding that the question of reasonableness did not arise when in fact it was an important consideration to be addressed;

(b) that the learned judge had erred in law and/or in fact in concluding that s. 15(5)(a) of the UUCA was reasonably necessary and not disproportionate;

(4) The facts of the case are not in dispute. The appellants