HARIVANSH LAL SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) The order dated 16.4.2014 having been recalled vide order of date passed on Recall Application, writ petition is restored to its original number. As requested by learned counsels for parties, I proceed to decide this matter finally at this stage.

(2.) Petitioners have filed this writ petition seeking a writ of mandamus directing the respondents to send them for Special B.T.C. Training Course, 2004. They claim to have passed B.Ed. Examination from Hindi Sahitya Sammelan and that having not been found recognized by University Grants Commission, their candidature for Special B.T.C. Training Course, 2004 has been rejected. Learned counsel for petitioners could not dispute this fact that Hindi Sahitya Sammelan, wherefrom petitioners passed B.Ed. Examination, is not an institution, recognized by University Grants Commission. That being so, I do not find that petitioners are entitled for relief, as sought for. The reasons are as under.

(3.) Under the Constitution of India, Entry 66 List-1 Schedule-VII vests Parliament with exclusive authority to legislate in respect to coordination and determination of standards in institutions for higher education or research and scientific and technical institutions. The state legislature also has legislative power with respect to Universities under Entry 32, List II, Schedule-VII. But obviously, the said power so far as the standards of higher education is concerned, has to sub-serve the power of Parliament. The Central Legislature has enacted the University Grants Commission Act, 1956 (hereinafter referred to as the UGC Act, 1956). The aforesaid Act has been enacted to make provision for the coordination and the determination of standards in universities and for that purpose to establish a University Grants Commission. The term "University" has been defined under Section 2(f) and in respect to certain other institutions for higher studies other than universities, provisions have been made under Section 3 for declaring such institutions as "Deemed University" for the purposes of Act, 1956. The aforesaid provisions are quoted hereinbelow: