CASE NO.: Special Leave Petition (civil)  10506 of 2005

PETITIONER: Rai University

RESPONDENT: State of Chhattisgarh & Ors.

DATE OF JUDGMENT: 07/09/2005


BENCH: CJI R.C. Lahoti, G. P. Mathur & P.K. Balasubramanyan
JUDGMENT:
JUDGMENT
With
Writ Petition (Civil) No.267 of 2005,
With
IAs No.11-12, 8, 9, 14, 15, 16, 17, 18, 19 and 22 of 2005
In Writ Petition (Civil) No.19 of 2004
And Special Leave Petition (Civil) No.16520 of 2005.
G.P. MATHUR, J.
Special Leave Petition (Civil) No. 10506 of 2005
1. This Special Leave Petition has been preferred against the judgment and order dated 26.4.2005 of High Court of Chhattisgarh by which Writ Petition No.1506 of 2005 filed by the petitioner, Rai University, was dismissed. 
2. The provisions of The Chhattisgarh Niji Kshetra Vishwavidyalaya (Sthapana Aur Viniyaman) Adhiniyam, 2002 (for short "the Act") were challenged by Prof. Yashpal by filing a writ petition under Article 32 of the Constitution in this Court. The writ petition was allowed by this Court on 11.2.2005 and the judgment delivered is reported in JT 2005 (2) SC 165 (Prof. Yashpal & Anr. v. State of Chhattisgarh & Ors.).   Paragraphs 45 and 46 of the reports, which have a bearing on the controversy in hand, are
reproduced hereinbelow :

"45. As a consequence of the discussion made and the findings recorded that the provisions of Sections 5 and 6 of the Act are ultra vires and the Gazette Notifications notifying the Universities are liable to be quashed, all such Universities shall cease to exist.   Shri Amarendra Sharan, learned Additional Solicitor General has submitted that the UGC had conducted an inquiry and it was found that most of the Universities were non-existent, but the report was not placed before the Court as the complete exercise had not been done. Learned counsel for the Universities have seriously disputed this fact and have submitted that the Universities are functioning. We have not gone into this question as it is purely factual.  In order to protect the interest of the students who may be actually studying in the institutions established by such private Universities, it is directed that the State Government may take appropriate measures to have such institutions affiliated to the already existing State Universities in Chhattisgarh.   We are issuing this direction keeping in mind the interest of the students and also Sections 33 and 34 of the Act, which contemplate dissolution of the sponsoring body and liquidation of a University whereunder responsibility has to be assumed by the State Government.   It is, however, made clear that the benefit of affiliation of an institution shall be extended only if it fulfills the requisite norms and standards laid down for such purpose and not to every kind of institution.   Regarding technical, medical or dental colleges, etc. affiliation may be accorded if they have been established after fulfilling the prescribed criteria laid down by the All India Council of Technical Education, Medical Council of India, Dental Council of India or any other statutory authority and with their approval or sanction as prescribed by law.  

46. In view of the discussions made above, Writ Petition (C) No.19 of 2004 (Prof. Yashpal & Ors. v. State of Chhattisgarh & Ors.) and Writ Petition (C) No.565 of 2003 (Gopalji Agarwal Vs. Union of India & Ors.) are allowed and provisions of Section 5 and 6 of the Chhattisgarh Niji Kshetra Vishwavidyalaya (Sthapana Aur Viniyaman) Adhiniyam, 2002 are declared  to be ultra vires and are struck down.   As a consequence of such declaration, all notifications issued by the State Government in the Gazette in the purported exercise of power under Section 5 of the aforesaid Act notifying the Universities (including respondent nos.3 to 94) are quashed and such Universities shall cease to exist.  If any institutions have been established by such Universities, steps may be taken for their affiliation to already existing State Universities in accordance with the direction contained in paragraph 45 above. Parties would be at liberty to approach the High Court if any dispute arises in implementation of this direction. All Writ Petitions, Civil Appeals and Transferred Cases filed by the private Universities are dismissed."

4. Thereafter, the State of Chhattisgarh made Statute No.27(A) in accordance with the provisions of Section 36 of the Chhattisgarh Vishwavidyalaya Adhiniyam 1973.   Clause (5) of Statute 27(A) of the Statute reads as under :
"Notwithstanding anything contained in the Statutes, Ordinances and Regulations made by any of the Existing State University (ESU) under the provisions of the Chhattisgarh Vishwavidyalaya Adhiniyam 1973 (No.22 of 1973), an Interim Institution will be admitted to the privileges of the ESU on the basis of the territorial jurisdiction of ESU for affiliation, as specified in Second Schedule of the above said Act on application of the Sponsoring Body of the Interim Institution and the same shall be withdrawn thereof in the manner in the paras mentioned hereinafter."

5. Rai University, which had been established under the provisions of the Act,  filed the writ petition before the Chhattisgarh High Court challenging the provisions of Statute 27(A)(5) on the grounds, inter alia, that the said University had established 19 study centres in various places in the country like Pathankot, Delhi, Pune, Bangalore, Kochi, Mumbai, etc. and in view of the aforesaid Statute, which lays emphasis on the territorial jurisdiction of the university, the said study centres cannot get the advantage of affiliation to a university in Chhattisgarh.  The writ petition was dismissed by the order dated 26.4.2005 which is under chall