The Universities which have ceased to exist as a consequence of the judgment & order passed by the Hon'ble Supreme Court in Writ Petition [Civil] No. 19/2004 entitled Prof. Yash Pal & Anr. Vs. State of Chhattisgarh & Ors. and other connected matters.
WRIT PETITION (CIVIL) NO.19 OF 2004
Prof. Yashpal & Anr. Petitioners
State of Chhattisgarh & Ors. Respondents
The consistent and settled view of this Court, therefore, is that in spite of incorporation of University as a legislative head being in the State List, the whole gamut of the University which will include teaching, quality of education being imparted, curriculum, standard of examination and evaluation and also research activity being carried on will not come within the purview of the State legislature on account of a specific Entry on co-ordination and determination of standards in institutions for higher education or research and scientific and technical education being in the Union List for which the Parliament alone is competent. It is the responsibility of the Parliament to ensure that proper standards are maintained in institutions for higher education or research throughout the country and also uniformity in standards is maintained.
Para No.21 In order to achieve the aforesaid purpose, the Parliament has enacted the University Grants Commission Act.
In order to achieve the aforesaid purpose, the Parliament has enacted the University Grants Commission Act. In order to achieve the aforesaid purpose, the Parliament has enacted the University Grants Commission Act. In order to achieve the aforesaid purpose, the Parliament has enacted the University Grants Commission Act. In order to achieve the aforesaid purpose, the Parliament has enacted the University Grants Commission Act.
Mere conferment of degree is not enough. What is necessary is that the degree should be recognized. It is for this purpose that the right to confer degree has been given under Section 22 of UGC Act only to a University established or incorporated by or under a Central Act, Provincial Act or State Act or an institution deemed to be a University under Section 3 or an institution specially empowered by an Act of Parliament to confer or grant degrees. Sub-section (3) of this Section provides that "degree" means any such degree as may, with the previous approval of the Central Government, be specified in this behalf by the Commission by notification in the Official Gazette. The value and importance of such degrees which are recognized by Government was pointed out by a Constitution Bench in Azeez Basha v. Union of India AIR 1968 SC 662.
In view of the discussions made above, Writ Petition (C) No. 19 off 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 Vishwavidaylaya (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.