The rule of harmonious construction has been followed in this case to harmonize the provisions of The Chhattisgarh Niji KshetraVishwavidyalaya (Sthapana Aur Viniyaman) Adhiniyam, 2002 and the provisions of UGC Act.
In This Case ,Professor Yashpal, an eminent Scientist and former Chairman of University Grants Commission, has filed Writ Petition No.19 of 2004 under Article 32 of the Constitution by way of Public Interest Litigation(PIL) for declaring certain provisions of The Chhattisgarh Niji KshetraVishwavidyalaya (Sthapana Aur Viniyaman) Adhiniyam, 2002 as ultra vires and for quashing of the notifications issued by State of Chhattisgarh in the purported exercise of power conferred bySection 5 of the said Adhiniyam for establishing various universities.
Under Section 5 of the Act, the State has been empowered to incorporate and establish a university by issuing a notification in the Gazette and Section 6 permits such university to affiliate any college or other institution or to set up more than one campus with the prior approval of the State Government.
The main averments in the petition are that after coming into force of the Act, the State Government has been, simply by issuing notifications in the Gazette, establishing universities in an indiscriminate and mechanical manner without having slightest regard to the availability of any infrastructure, teaching facility or their financial resources. Within one year, at about 112 universities were established which had no buildings or campus. There was absolutely no regulation or supervision over them.
The legislation has been enacted in a manner which has completely done away with any kind of control of University Grants Commission (UGC) over these private universities. The guidelines issued by UGC on the courses being taught and award of academic degrees have been given a complete go-by. The universities issued brochures for award of all kinds of degrees like “Member of the International Institute of Medical Sciences”, “Fellow of the International Institute of Medical Sciences” and many other similar degrees. The universities were wholly incapable of imparting any education in absence of basic infrastructure like classrooms, libraries, laboratories or campus. Nevertheless by conferment of legal status of a university, they have been empowered to award degrees. The private universities were running professional courses without taking prior permission from regulatory bodies such as All India Council of Technical Education (AICTE), Medical Council of India (MCI), Dental Council of India (DCI), etc.The universities were not under the control of any authority and were at liberty to grant degrees, diplomas and certificates to gullible students. The State Government has not done any verification or checking of universities after issuance of notification in the Gazette, whether they fulfill any norms laid down by the statutory bodies, which is essential for recognition of the degrees, diplomas and certificates awarded by such universities. In absence of requisite permission from the statutory bodies, the degrees and certificates awarded by such universities would not be recognized by the professional organizations, as a result whereof the students studying in such universities and obtaining the degrees there from would suffer immense loss, both in terms of money and also the time spent in completing the courses. It is further averred the degree awarded may not be of any value. The private universities were offering unheard of courses and degrees which are not part of schedule to the UGC Act, which is in clear violation of Section 22 of the aforesaid Act and the Schedule appended thereto. The minimum requirement of teaching staff as laid down in the guidelines of UGC had also been given a complete go-by.
The Supreme Court ruled that in order to protect the interests of the students who may be actually studying in the institutions established by such private Universities and at the same time to harmonize both the Acts, Provisions of Section 5 and 6 of the Chhattisgarh Niji Kshetra Vishwavidyalaya(Sthapana Aur Viniyaman) Adhiniyam, 2002 are for the time being declared to be ultra vires and struck down,and it is directed that the State Government may take appropriate measures to have such institutions affiliated to the already existing State Universities in Chhattisgarh and the provisions of the Chhattisgarh Niji Kshetra Vishwavidyalaya(Sthapana Aur Viniyaman) Adhiniyam, 2002 should comply with the provisions of UGC Act.
Conclusion
Though the Hon’ble Supreme Court declared some of the provisions of the Chhattisgarh Niji Kshetra Vishwavidyalaya(Sthapana Aur Viniyaman) Adhiniyam, 2002 to be ultra vires but at the same time in order to avoid a head-on clash and to give maximum effect to the provisions of both the Acts, the Supreme Court also directed the State Government to ensure that the provisions of the both the act are in consonance with each other .
BY: ANKIT RAJPUT
A COMPREHENSIVE WEBSITE FOR ALL LEGAL DEVELOPMENTS