MAHATMA GANDHI UNIVERSITY Vs. MAR AUGUSTHINOSE COLLAGE

JUDGEMENT

(1.) THE Writ Appeal is directed against the judgment of the learned Single Judge wherein Exhibit P2 admission regulations for under graduate courses framed by the appellant-University was inapplicable to Unaided Colleges. Apparently, the unaided self financing colleges approached the learned Single Judge challenging Exhibit P2 regulations mainly contending that the University has no power to take over the right of admission vested with the unaided private college managements as it would be in violation of the fundamental rights guaranteed under Articles 30 (1) and 19(1)(g) of the Constitution of India. It is also not in dispute that the Writ Petition came to be filed within a month from the date of introduction of the order dated 25.4.2011.

(2.) ADMITTEDLY, there was no interim order as such. The learned Single Judge having regard to S.73A of the Mahatma Gandhi University Act (for short, ?the Act?) after securing information from the Government that no committee was constituted by the Government in terms of said Section ultimately held that the University had no power to issue rules or regulations regulating the admission process so far as unaided self financing institutions. Aggrieved by the same, the University is before us.

(3.) THE learned Government Pleader brings to our notice that as on today, no committee as contemplated under S.73A of the Act has been formed by the Government. With these facts at our command, when we look at the provision of S.73A of the Act, definitely it indicates that it is the committee which has to be formed by the Government which alone can regulate the admissions in the unaided self financing institutions. No one including the Court can ignore the Statute, i.e., the provisions contemplated under S.73A of the Act. Though the Act is of 1985 and the provisions of S.73A were inserted in the year 1995, till now, no steps of forming a committee as indicated under S.73A was thought of either by the University of by the Government. In that view of the matter, the only possible way that the University could have proceeded to regulate the admissions in the unaided private institutions was to pursue the Government to form such committee as contemplated under S.73A of the Act. Observing that there should not be any impediment so far as the admissions made for the academic year 2011-2012, we proceed to say that it is always open to the University to persuade the Government to form such a committee which could regulate the admissions of the unaided self financing institutions. Accordingly, with the above observations, we dispose of the Writ Appeal.