Arun Tandon, J. - (1.) Heard Sri U. N. Sharma Senior Advocate, assisted by S-A Suneet Kumar Advocate, on behalf of the petitioners, Sri P.S. Bughel Advocate on behalf of respondent nos. 3 and 3, Sri K. C. Sinha, Assistant Solicitor General of India on behalf of Union of India. Facts
(2.) Petitioner no. 1. Sanjay Tiwari claims himself to be the Ex President of Students Union of Allahabad University, while petitioner no, 2 is an student seeking admission as regular student in B.A.-I in Allahabad University for the academic session-2005-06.
(3.) The Allahabad University was incorporated under the provisions of Allahabad University Act, 1921. The said Act was, however repealed under Section 74 of the U.P. State Universities Act, 1973 (hereinafter referred to as Act, 1973). Section 49 of the 1973 Act provides for framing of the Statutes by the University in respect of various subject matters enumerated therein. Section 51 of me 1973 Act confer a power to frame Ordinances, without prejudice to the generality of the provision, in respect of subject matters as enumerated under sub-clause (2). Relevant portion whereof reads as follows : "51. Ordinances.-! 1)... (2)Without prejudice to ,the generality of the provisions of sub-section (1), the. Ordinances shall provide for the following matters, namely( a) the admission of students to the University and their enrolment and continuance as such;";