YASHPAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) PROFESSOR Yashpal, an eminent Scientist and former Chairman of University Grants Commission, has filed writ petition no. 19 of 2004 under Article 32 of the Constitution by way of public interest litigation for declaring certain provisions of The Chhattisgarh Niji Kshetra Vishwavidyalaya (Sthapana Aur Viniyaman) Adhiniyam, 2002 as ultra vires and for quashing of the notifications issued by State of Chhattisgarh in the purported exercise of power conferred by Section 5 of the said Adhiniyam for establishing various universities.. The other petitioner who has joined in the petition, is a resident of Chhattisgarh and is concerned with the quality of education in his State. The respondent no.1 to the petition is the State of Chhattisgarh, respondent no.2 is the University Grants Commission and respondent nos.3 to 94 are the private universities which have been established by the State of Chhattisgarh under the aforesaid Adhiniyam.

(2.) THE Chhattisgarh Legislature enacted the Chhattisgarh Niji Kshetra Vishwavidyalaya (Sthapana Aur Viniyaman) Adhiniyam, 2002 (for short 'the Act) which was published in the Gazette on 4.2.2002 to establish self-financed private universities for higher education. Under Section 5 of the Act 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 other institution or to set up more than one campus with the prior approval of the State Government. THE main averments in the petition are that after coming into force of the Act, the State Government has been, simply by issuing notifications in the Gazette, establishing universities in an indiscriminate and mechanical manner without having slightest regard to the availability of any infrastructure, teaching facility or their financial resources. In a short span of about one year as many as 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 enacted in a manner which has-com-pletely done away with any kind of control of University Grants Commission (for short '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 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 absence 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 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 has not been followed and the universities are not under the control of any authority and are at liberty to grant degrees, diplomas and certificates to gullible students. THE State Government has not done any verification or checking of universities after issuance of notification in the Gazette, whether they fulfill any norms laid down by the statutory bodies, which is essential for recognition of the degrees, diplomas and certificates awarded by such universities. In absence of requisite permission from the statutory bodies, the degrees and certificates awarded by such universities would not be recognized by the professional organizations, as a result whereof the students studying in such universities and obtaining the degrees therefrom would suffer immense loss, both in terms of money and also the time spent in completing the courses. It is further averred that the University Grants Commission Act is made nugatory as private universities are offering courses without subscribing to the standards laid down by the UGC and there being no homogeneity of the course content, the degree awarded may not be of any value. THE private universities are offering unheard of courses and degrees which are not part of schedule to the UGC Act, which is in clear violation of Section 22 of the aforesaid Act and the Schedule appended thereto. THE minimum requirement of teaching staff as laid down in the guidelines of UGC had also been given a complete go-by. Young students are being misled in enrolling themselves in courses which do not have any substantive content and the degrees offered by such private universities would affect the standard of education at large which in turn will jeopardize the educational system of the whole country and not that of State of Chhattisgarh alone.

(3.) IN a stereotyped manner Gazette notifications were issued notifying a university and by way of illustration one such notification is being reproduced below :