MANIPAL UNIVERSITY Vs. UNION OF INDIA

JUDGEMENT

(1.) These petitions are heard and disposed of by this common order as the issues that arise for consideration are common. To wit, the petitioners who are said to be institutions and representatives of institutions, which are deemed to be Universities have called in question the validity of the University Grants Commission (Institutions Deemed to be Universities) Regulations 2010, (Hereinafter referred to as the "2010 Regulations", for brevity), on the primary ground that the same infringe the fundamental rights of the Petitioners guaranteed under Articles 14 and 19 of the Constitution of India.

(2.) It is, inter alia, stated that the Government of India had, in exercise of power under Section 3 of the University Grants Commission Act, 1956 (Hereinafter referred to as the "UGC Act", for brevity), vide notification dated 1.6.1993 conferred the "Deemed University " status on the "Manipal Academy of Higher Education" consisting of Kasturba Medical College, Manipal; Kasturba Medical college, Mangalore; College of Dental Surgery, Manipal; College of Dental Surgery, Mangalore and College of Nursing, Manipal. Further, the Central Government, vide notification dated 24.4.2000, brought the "Manipal Institute of Technology" and the "College of Pharmaceutical Sciences, Manipal" under the umbrella of the Manipal Academy of Higher Education (MAHE) .

(3.) It is urged that the law declared by the Apex court in the case of TMA Pai Foundation and Others vs. State of Karnataka and Others, 2002 8 SCC 481) is to the effect that the right to establish and to administer educational institutions is a right guaranteed under the Constitution to all citizens under Article 19(1)(g) and Article 26 of the Constitution of India and therefore there could only be reasonable restrictions, if any, imposed on the exercise of such rights by a citizen, in the interest of the general public. It is from this stand point that the petitioner seeks to question the several provisions of the impugned Regulations.