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1970 (8) TMI 80 - SC - Indian LawsWhether certain provisions of the Kerala University Act, 1969 (Act 9 of 1969) to be ultra vires the Constitution of India? Held that:- High Court was right in its appreciation of the true position in the light of the Constitution. We agree with the High Court that sub-ss. (2) and (4) of ss. 48 and 49 are ultra vires Art. 30(1). Indeed we think that sub-ss. (6) of these two sections are also ultra vires. They offend more than the other two of which they are a part and parcel. We also agree that sub-ss. (1), (2), (3) and (9) of s. 53, sub-ss. (2) and (4) of s. 56 are ultra vires as they fail with ss. 48 and 49. We express no opinion regarding these sub- sections vis-a-vis Art. 30(1). We also agree that Section 58 (in so far as it removes disqualification which the founders may not like to agree to) and Sec. 63 are ultra vires Articles 30(1) in respect of the minority institutions. We do not accept the contentions of the seven appellants who have challenged some of the other provisions of the Act except ss. 48 (6) and 49(6) and do not consider it necessary to repeat what is said by the High Court. These appeals are dismissed except as to those sections but without costs.
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