RAI University Vs. State of Chhattisgarh & Ors  Insc 475 (7 September 2005)
R.C. Lahoti,G. P. Mathur & P.K. Balasubramanyan
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.
Leave Petition (Civil) No. 10506 of 2005
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.
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 :
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.
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 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.
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."
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 :
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
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.
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 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.
our opinion, the contention raised cannot be accepted. Sub-section (1) of
Section 7 of Chhattisgarh Vishwavidyalaya Adhiniyam, 1973 reads as under:
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.
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
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.
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
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.
validity of the impugned statute, therefore, cannot be assailed on the ground
urged by learned counsel for the petitioner.
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 :
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."
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 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.
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 :
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.
please note that for completion of any formalities by UGC, AICTE, etc. you must
start action likewise.
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.
We, therefore, find no merit in this special leave petition, which is hereby
dismissed. All the IAs moved in this petition are also dismissed.
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
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
PETITION (CIVIL) NO.19 OF 2004 Prof. Yashpal & Anr. Petitioners Versus
State of Chhattisgarh & Ors. Respondents I.A. Nos.11-12 of 2005 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.
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.
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
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
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
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 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
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
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.
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.
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.
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 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.
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.