ALL KERALA PRIVATE COLLEGE TEACHERS ASSOCIATION versus THE NAIR SERVICE SOCIETY AND ORS.

Citation: [1994] SUPP. 1 S.C.R. 436 · Decided: 12-07-1994 · Supreme Court of India · Bench: KULDIP SINGH · Disposal: Dismissed

Judgment (excerpt)

A 
ALL KERALA PRIVATE COLLEGE TEACHERS ASSOCIATION 
B 
c 
v. 
THE NAIR SERVICE SOCIETY AND ORS. 
JULY 12, 1994 
[KULDIP SINGH AND YOGESHWAR DAYAL, JJ.] 
Universities-Kera/a University Act, 1974/Ca/icut University Act, 
1975/Mahatma Gandhi University Act, 1985-Sections 83/83/10(}-Power of 
State Government to make First Statutes-Scope and limitation of 
The three Universities in the State of Kerala, were incorporated by 
the Kerala University Act, 1974, Calicut University Act, 1975 and Mahatma 
Gandhi University Act, 1985. The provisions of the Kerala University Act 
and Calicut University are identical. The State Government issued the 
Kerala University (intra University transfer of teachers of Colleges under 
D Corporate meanagement having colleges affiliated to the Kerala Univer-
sity) First Statutes 1990. Similarly it issued First Statutes in respect of 
Calicut University and Mahatma Gandhi University. 
Respondent No. 1 challenged the validity of these three Statutes by 
E way of a Writ Petition before the High Court inter a/ia on the ground that 
the State Government having already framed First Statutes in respect of 
the three universities, had become functus officio and as such had no 
authority to issue the First Statues once over again. The Writ Petition was 
dismissed by a Single Judge. On appeal, the Division Bench struck down 
F 
the three statutes on the ground that the State Government had no 
jurisdiction to frame and issue the statutes. Hence this appeal. 
Dismissing the appeal, this Court 
HELD : 1.1. It is obvious from the various provisions of the Kerala 
G University Act, 1974 and Calicut University Act, 1975 that the conditions 
of service of the private college teachers are to be prescribed by the 
statutes. The power to frame and issue the statutes is vested in the Senate. 
The State Government has, however, a limited power to make and issue 
the "First Statutes" under Section 83 of the two Acts. [ 440-H, 441-A] 
H 
1.2. The universities were incorporated and brought into existence 
436 
TEACHERS ASSN. v. NAIR SERVICE SOCIETY 
437 
on the date the two Acts were enforced, but the Senate and other bodies of A 
the universities were yet to be constituted. The provisions of the two Acts 
are not exhaustive The fields which are left to be covered by the statutes 
have been enumerated under Section 34 of the two Acts. The universities 
could not have started functioning unless there were statutes in existence 
Immediately after the enforcement of the Acts providing for the constitu-
tion of the Senate/other bodies of the universities and other regulatory 
provisions necessary for the functioning of the universities. To meet this 
eventuality, the legislature has given 'one time' power to the State Govern-
ment to frame the "First Statute" under Section 83 of the Two Acts. When 
B 
the Senate is constituted and becomes functional then it is the only 
authority under the two Acts to frame the statutes. The State Government C 
can not frame the statutes when the Senate is functioning. There cannot 
be two parallel authorities to make subordinate legislation on the same 
subject-matter. The State Govt. does not have the power to keep on making 
"First Statutes" till it exhausts all the subjects/topics on which statutes 
could be framed under the two Acts. That would be contrary to the very D 
object and purposes of the two Acts. [ 442-A-E] 
1.3. In view of the interpretation now given to the provisions of 
Section 83 of the two Acts even the 1979 and the 1988 Statutes framed by 
the State Government would be invalid but it cannot be so because this 
judgment has been made to operate prospectively. The 1979 and 1988 E 
Statutes would be, thus, considered to be valid and operative. [ 442-H] 
2. The provisions under the Mahatma G;ndhi University Act, 1985 
(Gandhi Act) are somewhat different than the provisions under the other 
two Acts. S.100 of the Gandhi Act confers power on the State Government F 
to issue the First Statutes and ordinances. The Mahatama Gandhi Univer-
sity (Amendment) Act, 1988 came into force on 17 February, 1988. Section 
100(1) specifically provides that the First Statutes can be made by the 
Government in consultation with the University Grants Commission 
within a period of one year from February 17, 1988. The simple language 
of the section makes it clear that the power to make the First Statutes is G 
a one time power. The time limit or one year has beeu prescribed because 
by th

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