RAI UNIVERSITY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This Special Leave Petition has been preferred against the judgment and order dated 26.4.2005 of High Court of chhattisgarh by which writ petition no. 1506 of 2005 filed by the petitioner, Rai University, was dismissed.

(2.) The provisions of The Chhattisgarh Niji kshetra Vishwavidyalaya (Sthapana Aur viniyaman) Adhiniyam, 2002 (for short "the act") were challenged by Prof. Yashpal by filing a writ petition under Article 32 of the constitution in this Court. The writ petition was allowed by this Court on 11.2.2005 and the judgment delivered is reported in (Prof. Yashpal and Anr. v. State of Chhattisgarh and Ors. ). Paragraphs 45 and 46 of the reports, which have a bearing on the controversy in hand, are reproduced hereinbe- low:

(3.) Thereafter, the State of Chhattisgarh made Statute No. 27 (A) in accordance with the provisions of Section 36 of the chhattisgarh Vishwavidyalaya Adhiniyam 1973. Clause (5) of Statute 27 (A) of the statute reads as under: