GANGAJALI EDUCATION SOCIETY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) R.M. Lodha, CJI. in the State of Tamil Nadu v. State of Kerala, (2014) 12 SCC 696 observed qua the separation of powers as under:-

(2.) The petitioner herein, a society registered under Section 13(2) of the Chhattisgarh Society Registration Adhiniyam, 1973, made an application on 18.8.2011 under Section 4(1) of the Chhattisgarh Private Universities (Establishment and Operation) Act, 2005 (hereinafter called as "the Act of 2005") in the prescribed form to the Chhattisgarh Private Universities Regulatory Commission containing the proposal and project report containing the particulars enumerated in Section 3(2) of the Act of 2005 to establish private university namely "Shri Shankaracharya Professional University", in which letter of intent dated 19.12011 was issued under Section 6(2) of the Act of 2005 to the Sponsoring Body i.e. the petitioner with the conditions mentioned in Section 7 of the Act of 2005. It is the case of the petitioner that Sponsoring Body submitted compliance in respect of the conditions under the Letter of Intent dated 19.12011 as well as an undertaking alongwith the relevant documents as required under Section 8(1) of the Act of 2005 to the Regulatory Commission. The same was examined by the Regulatory Commission and spot inspection was also conducted. It is further case of the petitioner that the said Regulatory Commission sent a report-cum-recommendation dated 25.2012 to the State Government under Section 8 of the Act of 2005 recommending for establishment and incorporation of the private university namely "Shri Shankaracharya Professional University".

(3.) After receipt of the report-cum-recommendation of the Regulatory Commission dated 25.2.2012, the University Grants Commission (hereinafter called as "UGC") was asked to conduct an inspection by the State Government as per Section 8(5) of the Act of 2005 and the UGC has already informed the State of Chhattisgarh that it would not be possible for the UGC to conduct inspection of any proposed private university as per Section 8(5) of the Act of 2005 and it would cause inspection after establishment of the private university. Therefore, respondent No.1 ought to have issued the notification of the petitioner's private university, which has not been done in spite of the petitioner's various representations and latest representation dated 27.7.2017 requesting respondent No.1 to expedite the process of establishment of "Shri Shankaracharya Professional University" by amending the schedule appended to the Act of 2005.