This judgment will dispose of all of them .
The validity of the Act was challenged in the High Court by diverse petitioners in 36 petitions under Art 226 of the Constitution.
Some parts of the Act were declared ultra vires the Constitution As a result there are cross appeals.
259 to 2600 of 1969 and 21 to 53, 155 to 190, 199, 200 to 203, 273 and 324 of 1970.
2598 to 2600 of 1969 and 21 to 53 of 1970 .
1 in, C.A. No.
36 appeals have been filed against the several petitioners by the State of Kerala.
Sreedharan Nambiar, for respondent No.
1 in C. A. Nos.
Mohan Kumaramangalam, K. S. Paripoornam and M. R. K. Pillai for the respondent in C.A. Nos.
38 of 1970 .
Gopalakrishnan, for the appellant in C.A. No.
155 to 190, 199, 200 to 203, 273 and 324 of 1970 .
S. R. Chari, N. Sudhakaran and K. M. K. Nair, for the intervener in C.As.
23 159 of 1970 .
Another 36 appeals have been filed by the University of Kerala which made companymon cause with the Government of Kerala.
Appeals from the judgment and order dated September 19, 1969 of the Kerala High Court in O.P. 1450 of 1969 etc.
7 appeals have been preferred by seven original petitioners, who seek a declaration that some other provisions of the Act, upheld by the High Court as valid, are also void.
132 1 and 13.3 1 c of the Constitution are directed against a companymon judgment, September 19, 1969, declaring certain provisions of the Kerala University Act, 1969 Act 9 of 1969 to be ultra vires the Constitution of India while upholding the remaining Act as valid.
Frank Anthony, P. C. Chandi, A. T. M. Sampath, S. R. Agar wala and E. C. Agarwala, for respondent No.
C. Setalvad, V. A. S. Muhammad, and A.S. Nambiar, for the appellant in C.A. No.
48 and 184 of 1970 .
The petitions were companysolidated in the High Court and were decided by the judgment and order under appeal.
K. Sen, P. C. Chandi, Joseph Vithayathil, Bhuvanesh Kumari, R. N. Banerjee, J. B. Dadachanji, O. C. Mathur and Ravinder Kumar, for the appellant in, C.As.
Some of its provisions affected private companyleges, particularly those founded by minority companymunities in the State.
The Kerala University Act 1969 which repealed and replaced the Kerala University Act 1957 Act 14 of 1957 was passed to reorganise the University of Kerala with a view to establishing a teaching, residential and affiliating University for the southern districts of the State of Kerala.
200 to 202 of 1970 , respondent number 1 C.A. Nos.
4 petitions have been filed by the Metropolitan of the Marthoma Syrian Church and 2 by the Madhya Kerala Diocese of the Church of South India.
Frank Anthony, P. C. Chandi, Joseph Vithayathil, E. Agarwal, Bhuvanesh Kumari, R. N. Banerjee, J. B. Dadachanji, ,O. C. Mathur and Ravinder Narain, for the appellant in C.A. No.
324 of 1970 and respondent number I in C.A. No.
33 of 1970 .
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
C. Setalvad and A. Sreedharan Nambiar, for the appellant in C.A. No.
199 of 1970 and respondent No.
Mohan Kumaramangalam, K. S. Paripooram, R. K. Garg, .S. C. Agarwala and M R. K. Pillai, for the appellant in C.As.
155 to 190 and 199 of 1970 and the respondent in C.A. Nos.
33 petitioners belong to different denominations of the Christian companymunity 8 are Superiors of different Catholic Religious Congregations 8 are Catholic Bishops representing their dioceses 3 are Vicars of Catholic parishes 5 are Boards of Associations companystituted by different Catholic denominations for establishing companyleges and other educational institutions and 3 are Bishops of the Malankara Orthodox Church.
They were companysequently challenged of various grounds.
K. Nambyar, N. A. Subramanian and P. K. Pillai, for the appellant in C.As.
199 to 203 of 1970 .
203 of 1970 and respondent number 1 in A. Nos.
1 in C.A. No.
273 of 1970 .
2598 to 2600 of 1969 and 21 to 53, 200 to 203, 273 and 324 of 1970 .
174 and 185 of 1970 .
2598 to 2600 of 1969 , respondent number 1 in C.A. No.
The rest of the Act was declared to be valid and the challenge to it was rejected.
The Judgment of the Court was delivered by Hidayatullah, C.J. These appeals by certificates granted by the High Court of Kerala under Arts.
They were heard together.
30 1 in so far as the minority institutions were companycerned.
