R RAMA MURTHY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The above two writ petitions were filtd after Ordinance 11 of 1985 was promulgated on June 10, 1985 by the State Government. The Ordinance later was replaced by Act 17 of 1985. The Act is enforced from July 11, 1985. Some provisions of the Act are enforced from the date of the Ordinance. The Act by its provisions amends various University Acts in the State including Sri Venkateswara University Act No 14 of 1954 ('the Act'). In the Act Section 18 is tubstituted. A new Section 31-A is incorporated. The two Sections in Act 14 of 1954 are assailed in the above two writ petitions. The petitioners pray to declare Sections 18 and 31-A are illegal, void and ultravires of the Indian Constitution.

(2.) Rama Murthy, Rama Subba Reddy the two are petitioners in one of the writ petitions. The two are members of Academic Council and Syndicate of Sri Venkateswara University. They aver as per the new Section 18, Syndicate members of the University are divided in two categories; Class I members and Class-ll members. The former consists of six members the Vice Chancellor, two Secretaries of the State Government (Secretary for Education and Secretary for Finance and Planning Departments), the Director of Higher Education, the Chairman of T T D. Board and the Executive Officer, T T D. The category of Class II members consists of five members; a Professor of the University, a Principal of a College, three "eminent" persons representing educational interests. All the five in Class II are to be nominated by the State Government

(3.) The petitioners allege with so many, if not all, nominated members such a Syndicate has a facade of a Department of the State. The Syndicate does not give out the impression of a governing body of any University. The two petitioners allege to-day the Syndicate is a tool in the hands of State Government. Such a Syndicate is detrimental to academic freedom in the University. It is principally for the protection of academic freedom and for other cognate reasons (to which we will return later) the petitioners seek to declare section 18 is ultra vires of the Coustitution. Gopal Reddy and Nagi Reddy in another writ petition are members of Academic Council of Sri Venkateswara University. The former among the two is also a Member of the Senate. The two were elected on October 31, 1984 to the Syndicate for three years. Their term in Section 31-A is now curtailed till the Syndicate is reconstituted. (The Syndicate since is reconstituted). Therefore, the two seek to declare section 31-A is ultra vires of the Constitution. These two writ petitions are resisted by the State Government.