The Nair Service Society, Respondent 1 in the appeal herein, challenged the validity of the Kerala Statutes, Calicut Statutes and the Gandhi Statutes by way of a writ petition before the Kerala High Court, inter alia, on the ground that the State Government, having already framed First Statutes in respect of the three universities, it had become functus officio and, as such, had numberauthority to issue the First Statutes once over again.
A learned Single Judge of the High Court dismissed the writ petition.
The provisions of the Kerala University Act, 1974 and the Calicut University Act, 1975 the two Acts are identical.
This appeal by way of special leave by the Kerala Private College Teachers Association is against the judgment of the Division Bench of the High Court.
The Kerala Government, purporting to exercise the powers under Section 83 of the two Acts and under Section 100 of the 1985 Act issued the Kerala University Intra University Transfer of Teachers of Colleges under Corporate Management having Colleges Affiliated to the Kerala University First Statutes, 1990 the Kerala Statutes , the Calicut University Intra University Transfer of Teachers of Colleges under Corporate Management having Colleges Affiliated to the Calicut University First Statutes, 1990 the Calicut Statutes and Mahatma Gandhi University Intra University Transfer of Teachers of Colleges under Corporate Management having Colleges Affiliated to the Mahatma Gandhi University First Statutes, 1990 Gandhi Statutes .
The Judgment of the Court was delivered by KULDIP SINGH, J. The three universities in the State of Kerala, namely, Kerala University, Calicut University and Mahatma Gandhi University, have been incorporated by the Kerala University Act, 1974, Calicut University Act, 1975 and Mahatma Gandhi University Act, 1985 the 1985 Act .
