Judgment :- 1. It would appear that 211 students were elected to the General Council of the Kerala University Union for students, and out of them 116 are now students in Colleges affiliated to the Gandhiji University, which came into effect from 2nd October, 1983, under the Ordinance No. 34 of 1983. The point for decision raised in the writ petition, and repeated in the writ appeal, is whether the appellant-petitioner who was thus elected on 16-9-1983 to the General Council of the Kerala University Union for students is entitled to continue to be a member of that Council in spite of the fact that the College in which he was pursuing his studies has been affiliated to the Gandhiji University. Clause.95(1) of Ordinance No. 34 of 1983 reads as follows: "(1) All colleges and other educational institutions within the areas to which the jurisdiction of the University extends, which immediately before the commencement of this Ordinance were recognised by, or were affiliated to, the University of Kerala as institutions providing courses of study for admission to examinations of that University for degrees, diplomas and other academic distinctions shall be deemed to be institutions recognised by, or affiliated to, the Gandhiji University under this Ordinance and the provisions of this Ordinance shall apply accordingly." There could, therefore, be no doubt that the petitioner who ceased to be a student of the Kerala University could not be a member of the General Council of that University. Counsel for the appellant-petitioner, however, sought to rely on sub-section (2) of S.95 which reads as follows: "Any student of any college within the area referred to in sub-section (1) and affiliated to the University of Kerala immediately before the commencement of this Ordinance shall be permitted to complete his course under the University of Kerala, and the Gandhiji University shall provide for the instruction of such students in accordance with the course of study in the University of Kerala and shall comply with such direction as may be given to it by the University of Kerala in respect of those students." By no stretch of imagination could this be construed to provide for continuation of the Membership of the students to the General Council after he ceased to be a student of the Kerala University.
All that has been provided for is to enable the students concerned to complete their courses of study under the University of Kerala, with the further provision that the Gandhiji University shall provide for the instruction of such students in accordance with the course of study in the University of Kerala. It further makes it clear that what the Ordinance had in mind was only the course of study, not extracurricular activities like the participation in the General Council. 2. The Counsel for the appellant-petitioner also placed reliance on sub-section (2) of S.99, which reads as follows: "Notwithstanding anything contained in sub-section (1), all statutes and Ordinances made under the Kerala University Act, 1974 (17 of 1974) and in force on the date of the commencement of this Ordinance shall, in so far as they are not inconsistent with the provisions of this Ordinance, continue to be in force in respect of the areas referred to in subsection (1) until they are replaced by Statutes and Ordinances to be made under this Ordinance." The General Council is constituted in accordance with the provisions contained in the bye-laws framed under S.40 of the Kerala University Act. The provisions contained in sub-section (2) of S.99 do not state that such bye-laws are saved so as to continue to be in force in spite of the coming into force of the Gandhiji University Ordinance No. 34/1983. 3. The learned judge has correctly held that the appellant-petitioner was not entitled to claim to continue to be a Member of the General Council of the Kerala University, after his having ceased to be a student of that University. We find no reason to interfere with that decision. Accordingly, the writ appeal is dismissed.