H S NAGARAJAIAH Vs. VICE CHANCELLOR UNIVERSITY OF MYSORE

JUDGEMENT

(1.) In this writ petition, the five petitioners have impugned the notification dated 8th August, 1977, issued by the 1st respondent-Vice-Chancellor, the University of Mysore and the Order of the 2nd respondent-Chancellor, the University of Mysore, dated 25th August, 1977, passed in appeal, against the notification aforementioned, under Section 48 of the Karnataka State Universities Act, 1976, (hereinafter referred to as the Act). The petitioners have challenged the jurisdiction as well as the legality of the impugned notification and order which are at Exhibits B and F respectively.

(2.) The facts leading to this petition are as follows:--

(3.) At this stage, it may be convenient to state the history of the Act in so far as it is necessary for the disposal of this writ petition. In the State of Karnataka there were three Universities viz., the University of Mysore, the Karnataka University and the Bangalore University, apart from the University of Agricultural Sequences with which we are not concerned. The three first mentioned Universities were autonomous bodies created under different enactments. The Act was passed in 1976 replacing the Karnataka University Ordinance, 1975, and the Act was given effect to from the 25th day of September, 1975, the date on which the Ordnance had been promulgated. The earlier enactments constituting the three Universities had been repealed by the Ordinance and the Act was passed to cover the three Universities under a single enactment.