LexPROF. YASHPAL AND ANR. versus STATE OF CHHATTISGARH AND ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
....
I
PROF. YASHPAL AND ANR.
A
v.
STATE OF CHHATTISGARH AND ORS.
FEB RU ARY 11, 2005
[R.C. LAHOTI, CJ., G.P. MATHUR AND
B
P.K. BALASUBRAMANY AN, JJ.]
Constitution of India-Schedule VII List II Ently 32, List /II Entry 25
and Article 246-lncorporation of private university-Pre-requisites for'- c
Discussed.
Schedule VII List II Entries 32, 66 List Ill Entry 25 and Article 245-
Universities having power to have off-campus centers outside the State-Held,
ultra vires Article 245 (!)-Primacy of legislative competence of Parliament:__
Maintenance of high standards-Need for-' University '-Meaning of.L. D
Discussed.
Schedule VII List JI Entry 32, Articles 246, 73 and 162-Jncorporation
of university-Mode for-May be established only through legislative enactment
and not by exercise of executive power-Social impact of incorporation bf
university-Comparison with incorporation ofCompan~Distinction between. E
Articles 246, 254 and Schedule VII-Legislative competence-Primacy
of Parliament-Held, any State legislation which simplifies or sets at naught
-
an enactment validly made by Parliament would be wholly ultra vires.
Education:
F
Universities-Chhattisgarh Niji Kshetra Vishwavidyalaya (Sthapana Aur
Viniyaman) Adhiniyam, 2002-Sections 5,6,3(8) & 9-Chhattisgarh Ni}i
Kshetra Vishwavidyalaya (Sthapana Aur Viniyaman) Sansodhan Adhiniyam,
2004-Sections 5,6,3(6),2(7),5(J)(b)-Constitutional validity of-Held, are ultra
vires the Constitution, being a fraud on the Constitution.
G
-
Universities-Degree-Value of-Held, principal advantage of holding
a university degree is in matter of employment, public or private or in self
employment-Interest of society requires that the holder of an academic degree
23
H
24
SUPREME COURT REPORTS
[2005] 2 S.C.R.
A possesses the proficiency and expertise in the suf?iect which the degree
certifies-Thus, poirer conferred to specific bodies-U0C Act, IY56-Sectio11
22.
University Grants Commission Act, 1956-0biect of and reasons for
creation of-Discussed-Expression 'established or incorporated' to be read
B as 'established and incorporated' in so far as private universities are concerned
Under Section 5 of the Adhiniyam 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
C other institution or to set up more than one campus with the prior
approval of the State Government.
According to the petitioners, after coming into force of the
Adhiniyam, the State Government has been, simply by issuing notifications
in the Gazette, establishing universities in an indiscriminate and
D mechanical manner without having slightest regard to the availability of
any infrastructure, teaching facility or their financial resources. In about
one year 112 universities were established and many of them had
absolutely no buildings or campus and were running from one room
tenements. There was absolutely no regulation or supervision over them.
The legislation has been ehacted in a manner which has completely done
E 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 has 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
F Sciences", "Fellow of the International Institute of Medical Sciences" and
many other similar degrees. The universities are wholly incapable of
imparting any education much less a quality education in abserice of basic
infrastructure like classrooms, libraries, laboratories or campus.
Nevertheless by conferment of a legal status of a university, they have been
empowered to award degrees. The private universities are running
G 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_
requirement of obtaining prior permission from the regulatory bodies ~as
not been followed and the universities are not under the control of any
H authority and are at liberty to grant degrees, diplomas and certificates to
-
""
PROF. YASIIPALv. STATE
25
~ •
gullible students. The State Government has not done any verification or A
J
checking of universities afExcerpt shown. Read the full judgment & AI analysis in Lexace.