Khanna J : this issue had come up earlier. We proceeded on this basis that we are examining the validity of ratio in Basha that no.1; (2) the reason was why we said was because we have to see the status of AMU on the the day the constitution was brought; there were three aspects which we saw in Basha, 1- the effect of statutory enactments of creating a university; 2-the second aspect relates to administration that's the most important legal issue; 3- dehors the amendment in 1981, Basha hold its not established, defacto by minority... so really speaking we need not go into the 81 Act to decide whether Basha was rightly or wrongly decided