SREE SANKARA COLLEGE ASSOCIATION Vs. UNIVERSITY OF KERALA

JUDGEMENT

(1.) The petitioner is a company registered under the Indian Companies Act, 1956. It owns and manages a college at Kalady under the style Sree Sankara College. The management of the college was formerly governed by the Kerala University Act, 1957, This Act was repealed and replaced by the Kerala University Act, 1969, which came into force on 28-2-1969.

(2.) S.27 of the 1957 Act empowers the syndicate of the University to make Ordinances: and S.26 stated, among other things, that the Ordinances may provide for the qualification of teachers. The Syndicate had accordingly made Ordinances: and Chap.15 thereof prescribed the Qualifications of teachers. Ordinance 7 in this chapter empowered the Syndicate to grant exemptions from the prescribed qualifications subject to the limitations mentioned therein.

(3.) S.75(2) of the 1969 Act provides that the Statutes, Ordinances, Rules and Bye laws in force immediately before the commencement of this Act shall, in so far as they are not inconsistent with the provisions of this Act, continue to be in force until they are replaced by the Statutes, Ordinances. Rules or Bye laws framed under this Act. S.23 of this Act provides among other things, that subject to the provisions of this Act and the Statutes, the Academic Council shall have power to prescribe the qualifications of teachers. S.34 of this Act would indicate that the powers mentioned thereunder, which includes the power to prescribe the qualifications of teachers, can be exercised only by making Regulations: and S.35 contains the procedure for making Regulations.