STATE OF ANDHRA PRADESH Vs. K PURSHOTTAN REDDY

JUDGEMENT

(1.) Whether the State of Andhra Pradesh had the legislative competence to enact Andhra Pradesh State Council of Higher Education Act, 1988 (Act 16 of 1988) (hereinafter called as "the 1988 Act") is the core question involved in these appeals which arise out of a judgment and order passed by the Andhra Pradesh High Court in Writ Petition No. 17222 of 1988.

(2.) The fact leading to filing of the Writ Petition by the respondent herein questioning the vires of the 1988 Act arose in the following circumstances: The Central Government evolved a National Education Policy in the year 1986 pursuant whereto and in furtherance whereof, recommendations were made for creating a State Level Planning for coordination of the Higher Education through Councils of Higher Education. Such Councils were proposed to be set up as statutory bodies having regard to the fact that there did not exist any effective machinery for planning and coordination of higher education at the State level vis-a-vis implementation of the programmes made by the University Grants Commission (UGC). With a view to give effect to the said policy, UGC constituted a committee to go into the said matter and make recommendations regarding setting up of the said Councils of higher education and programme of action to be taken in that behalf. The pressing need for constituting effective machinery for promotion and coordination of higher education at the State level and coordination of State level programmes with those of the UGC was felt and pursuant thereto and in furtherance thereof, UGC formulated guidelines for setting up of such Councils as recommended by the Committee.

(3.) In the year 1986 the State of Andhra Pradesh passed an Act known as the Andhra Pradesh Commissionerate of Higher Education Act, 1986 (hereinafter called as the Commissionerate Act). The Commissione-rate Act was enacted purported to be pursuant to or in furtherance of the recommendations of the Vice-Chancellors Committee on higher education in the State of Andhra Pradesh. The constitutionality of the said Act inter alia was questioned on the ground of lack of legislative competence having regard to the parliamentary Act known as University Grants Commission Act enacted in terms of Entry 66, List I of the VII Schedule of the Constitution of India. The said writ petitions were filed by the respondent herein and four others as also the Osmania University Teachers Association. The said writ petitions were dismissed by a Full Bench of Andhra Pradesh High Court by a judgment dated 24-03-1987. However, on an appeal there against this Court in Osmania University Teachers Association vs. State of Andhra Pradesh and Another (1987) 4 SCC 671 held that the State Legislature had no legislative competence therefor.