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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

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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 challenge in the present special  leave petition.   

6.      Learned counsel for the petitioner has submitted that in paragraphs 45  and 46 of the judgment rendered in the case of Prof. Yashpal (supra), this  Court had protected the interest of the students who were studying in the  institutions established by the private universities and as large number of

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students were studying in various study centres of Rai University, which are  outside the State of Chhattisgarh, they cannot get affiliation to a State  university in Chhattisgarh.  The submission is that all the study centres of  erstwhile private university should get the facility of affiliation to a State  university in Chhattisgarh.

7.      In our opinion, the contention raised cannot be accepted.   Sub-section  (1) of Section 7 of Chhattisgarh Vishwavidyalaya Adhiniyam, 1973 reads as  under : "7(1)   Save as otherwise provided in this Act, the powers  conferred on the University by or under this Act shall not  extend beyond the limits of the territorial jurisdiction specified  in the Second Schedule from time to time.

Provided that the State Government may authorize the  University to associate or to admit to any of its privileges  colleges situated within the state outside the aforesaid limits in  accordance with the provisions of this Act and the Statutes  made thereunder.

Provided further that where the University provides for  instruction through correspondence nothing contained in this  section shall be construed to debar the University from  admitting to such course of instructions students residing  outside the aforesaid limits.

Provided also that for imparting Oriental Sanskrit  education any Sanskrit College imparting Oriental Sanskrit  education in Madhya Pradesh shall be affiliated either to Pt.  Ravishankar Shukla University, Raipur or any other University  which the State Government may notify."  

8.      The Second Schedule to the Act gives the territorial jurisdiction of Pt.  Ravishankar Shukla Vishwavidyalaya, Raipur, and Guru Ghasidas  Vishwavidyalaya, Bilaspur, which are the two State universities functioning  in Chhattisgarh.    The territorial jurisdiction of these universities is confined  to districts which are within the State of Chhattisgarh.  In view of this clear  provision of the Adhiniyam, no statute can be made which may permit  affiliation of any institution or college to a State university in Chhattisgarh if  the said institution or college is situate outside the State of Chhattisgarh.   The validity of the impugned statute, therefore, cannot be assailed on the  ground urged by learned counsel for the petitioner.   

9.      Learned counsel for the petitioner has submitted that if the study  centres make an application seeking affiliation to a university which has  territorial jurisdiction over the place where the study centre is situate, the  same may not be granted in view of the direction given by this Court in  paragraph 45 of the judgment which has been reproduced above and in this  connection he has referred to the following sentence occurring therein :

"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."

10.     At the time of hearing of the writ petition filed by Prof. Yashpal, it  was not brought to the notice of the Court that the private universities had  established large number of study centres at various places all over the  country.  We, therefore, consider it proper to clarify that while making the  aforesaid observation, it was not meant that affiliation must necessarily be  sought only with an already existing State university in Chhattisgarh.  The  institutions of the erstwhile private universities, if otherwise eligible, may  apply and seek affiliation with any other university which has jurisdiction

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over the area where the institution is functioning and is empowered under  the relevant Rules and Regulations and other provisions of law applicable to  the said university to grant affiliation.  The decision on the application may  be taken expeditiously in the interest of student community and there should  be no prolonged uncertainty about their future.     

11.     It may also be mentioned here that Prof. P.C. Upadhyay, Chairman of  Chhattisgarh Niji Kshetra Vishwavidyalaya Regulatory Commission had  sent a letter on 23rd March, 2005 to the sponsoring body of an erstwhile  university, wherein the following decision of the Government of  Chhattisgarh was communicated :

"As you are the Chairman of the Sponsoring Body of one of the  Universities mentioned above, it is our duty to inform you, that  in case you are running any off campus/study centre in or  around Delhi in the NCR, you may immediately approach the  Guru Gobind Singh Indraprastha University, Delhi for granting  affiliation, to such off campus/study centre, so as to ensure that  the students are no longer subjected to avoidable anxiety and  uncertainty.    

Further, please note that for completion of any formalities by  UGC, AICTE, etc. you must start action likewise.

Also, for other off campuses or study centres outside  Chhattisgarh for grant of affiliation, you may approach the  University of the State where they are located, in the light of the  Supreme Court judgment as well as the statement of the HRD  Minister.  In case of any difficulties, please send us the  communication for taking up the matter with UGC and related  bodies."

       The study centres of erstwhile Rai University which are outside the  State of Chhattisgarh may take appropriate steps for their affiliation in the  light of the clarification made above and the letter dated 23rd March, 2005 of  the Chairman of Chhattisgarh Niji Kshetra Vishwavidyalaya Regulatory  Commission.

12.     We, therefore, find no merit in this special leave petition, which is  hereby dismissed.    All the IAs moved in this petition are also dismissed.  

Special Leave Petition (Civil) No. 16520 of 2005

Erstwhile Mewar University                              ... Petitioner                 Versus State of Chhattisgarh & Ors.                            ... Respondents

       This special leave petition has been filed challenging the judgment  and order dated 22.7.2005 of the High Court of Chhattisgarh by which Writ  Petition No.2954 of 2005 filed by erstwhile Mewar University has been   dismissed.    The petitioner has challenged the vires of clause 5 of Statute  No.27(A) enacted by the State of Chhattisgarh in accordance with the  provisions of Section 36 of the Chhattisgarh Vishwavidyalaya Adhiniyam  1973.            For the reasons given in Special Leave Petition (Civil) No.10506 of  2005, this special leave petition is dismissed.   All the IAs moved in this  petition are also dismissed.  WRIT PETITION (CIVIL) NO.19 OF 2004

Prof. Yashpal & Anr.                                    \005    Petitioners         Versus State of Chhattisgarh & Ors.                            \005 Respondents I.A. Nos.11-12 of 2005

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       These applications have been moved seeking clarification of the  direction contained in paragraphs 45 and 46 of the judgment and for giving  appropriate directions in order to protect the students studying in study  centres established outside the State of Chhattisgarh. The necessary  clarification has been given in Special Leave Petition (Civil) No.10506 of  2005 and no further clarification is required.   The IAs are disposed of  accordingly.  

I.A. No.8 of 2005         The prayer made in this application is that the State Government may  be directed to take appropriate steps to notify certain institutions as  universities keeping in view the fact that such institutions have already been  inspected by the UGC.   Since the Act itself has been declared to be ultra  vires and a direction has been issued by this Court in Writ Petition (Civil)  No.19 of 2004 that all universities shall cease to exist, the prayer made in  this application cannot be granted.  It is accordingly rejected.   

I.A. No.14 of 2005         This application has been moved by erstwhile Mewar University,  which was a private university.  The applicant claims that it is running two  institutes; one in Ghaziabad (State of U.P.) and the other at Chittorgarh  (State of Rajasthan).  The principal prayer made is that a direction be issued  to the State Government of Chhattisgarh to ensure the affiliation of the  students, who are studying in the aforesaid institutes.   Having regard to the  fact that the institutes are located outside the State of Chhattisgarh, no such  direction can be issued to the State of Chhattisgarh.  It is open to the  institutes, if otherwise eligible, to seek affiliation with any other university  which has jurisdiction and is empowered under the relevant Rules and  Regulations and other provisions of law applicable to the said university to  grant affiliation.  If the applicant feels aggrieved by the decision taken by the  University or any other authority, it is open to it to challenge the same before  the appropriate forum in accordance with law. The application is accordingly  rejected.

I.A. No.22 of 2005         This application has been moved by 11 students who claim to be  studying in Ghaziabad and Chittorgarh institutes of erstwhile Mewar  Univeristy.  The prayer made is that a direction be issued to affiliate the  institutes to a university in the State of Chhattisgarh.   For the reasons  already given in Special Leave Petition (Civil) No.10506 of 2005, such a  prayer cannot be granted.   

In the alternative, a prayer has been  made that a direction be issued to  affiliate the institutes with Chaudhary Charan Singh University, Meerut  and/or U.P. Technical University, Lucknow or Mohan Lal Sukhadia  University, Udaipur.  The applicants were not party to the writ petition.  It is  for the institutes to make appropriate application to the concerned university  which has jurisdiction and is empowered under the relevant Rules and  Regulations and other provisions of law applicable to the said university to  grant affiliation.  The application is accordingly rejected.  

I.A. No.15 of 2005         This application has been moved by erstwhile Jaipuria University  (Respondent No.42 to the writ petition) praying that AICTE and UP  Technical University be directed to grant one time approval and affiliation   for the 22 students who have been pursuing a full time regular course of  study of the prescribed syllabus for MBA, meeting the standards set down  by the AICTE and have also appeared in the 1st year examination conducted  by the U.P. Technical University.   Learned counsel has submitted that  Jaipuria University is running an institute for imparting MBA degree in  Noida, which is affiliated to U.P. Technical University and 60 students are  studying there.   The notification establishing the Jaipuria University was  issued on 6.9.2003 and thereafter 22 students were admitted for MBA course  in the said university.  After the decision in the case of Prof. Yashpal  (supra), the university ceased to exist.   As a result, the said 22 students are

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facing problem regarding continuance of their M.B.A. course.   The record  shows that an application was given to the Vice-Chancellor, U.P. Technical  University seeking affiliation regarding those 22 students.  However, vide  letter dated 19.6.2005 of the Registrar of U.P. Technical University, it was  informed that the affiliation was not found justifiable by the Chancellor of  the university.  In our opinion, the relief sought cannot be granted in an  application moved in an already decided writ petition on entirely new facts  pleaded for the first time.  The application is accordingly rejected.

I.A. No.18 of 2005         This application has been moved by a student who claims to have  been studying in the Mumbai Campus of the erstwhile Rai University and  the prayer made is that a direction be given to either affiliate the Off Campus  to Chhattisgarh University or to Mumbai University or to any other  university in Maharashtra.   For the reasons given in Special Leave Petition  (Civil) No.10506 of 2005, it is not possible to grant the first prayer regarding  affiliation with a University in Chhattisgarh.   

Learned counsel has submitted that there are two enactments, namely,  Maharashtra Educational Institutions (Transfer of Management) Act, 1971  and Maharashtra Educational Institutions (Management) Act, 1976, which  empower the State Government to appoint Administrator over an  educational institution and having regard to the fact that Rai University has  ceased to exist, some direction should be issued to the Government of  Maharashtra to protect the interest of the students.   In our opinion, it will  not be proper for us to issue any direction as prayed for by the learned  counsel for the applicant as the State of Maharashtra was not a party to the  writ petition.   It is always open to the applicant or any other student to  approach the State Government for appropriate relief.   The application is  accordingly rejected.    

I.A. No.19 of 2005         This application has been moved by certain students of erstwhile  ICFAI University (respondent no.73 to the writ petition), who claim to have  been studying in a five-year law course.  The first prayer made in the  application is that a clarification may be issued that the direction contained  in paragraphs 45 and 46 of the judgment would apply to all the existing  students who are studying in the Off Campus law school of erstwhile ICFAI  University at Hyderabad. For the reasons given in Special Leave Petition  (Civil) No.10506 of 2005, such a prayer cannot be granted.  

In the alternative, learned counsel has submitted that the law school of  erstwhile ICFAI University may be affiliated to any university in Andhra  Pradesh.  It is not possible to issue such a direction as the State of Andhra  Pradesh or any university in the said State were not even a party to the writ  petition.   It is always open to the law school to move an appropriate  application seeking affiliation to a University which has jurisdiction and is  empowered under the relevant Rules and Regulations and other provisions  of law applicable to the said university.  The application is accordingly  dismissed.   

I.A. Nos. 9, 16 and 17 of 2005

       In view of the orders passed in the aforesaid IAs, no order needs to be  passed in these IAs.   The same are accordingly disposed of.    Civil Writ Petition No.267 of 2005 Divya Tiwari & Ors.                                             ... Petitioners         Versus State of Chhattisgarh & Ors.                                    ... Respondents

       This petition under Article 32 of the Constitution of India has been  filed by three petitioners who claim to be students of an Off Campus of an  erstwhile private university known as SRI University, which is situate in

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Akbarpur, District Ambedkar Nagar in the State of U.P.   The prayer made  in the writ petition is that a writ of mandamus be issued directing the  University and the Off Campus to hold their examination.    

       In view of the decision in the case of Prof. Yashpal (supra), the  University has ceased to exist and the Off Campus being outside the State of  Chhattisgarh, no relief can be granted.   The writ petition is accordingly  dismissed.