ARUNACHAL UNIVESITYOF STUDIES Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) The instant petition under Article 226 of the Constitution of India has been filed questioning the appointment of Respondent No. 4 as the Chairman of the Arunachal Pradesh Private Educational Regulatory Commission (hereinafter Commission), vide a notification dtd. 11/3/2024. Since the nature of the prayer would have a considerable impact on the adjudication process, it would be apposite to extract the prayer made in this petition which is as hereunder:

(2.) The petitioner in this case is the Arunachal University of Studies which is a self sponsored private University established and incorporated under the Arunachal University of Studies Act, 2012 (hereinafter as the Act of 2012). The said University claims to have been instituted for providing high quality education supplemented with industrial internship and professional training in various areas in compliance with the laws. The State of Arunachal Pradesh had thereafter enacted an Act, namely, the Arunachal Pradesh Private Educational Institutional Regulatory Commission Act, 2017 (hereinafter as the Act of 2017) and as per the same, a body was created vide notification dtd. 11/3/2024. In the said body, the Respondent No. 4 has been appointed as the Chairman for 3 years.

(3.) The primary challenge to such appointment is on the ground of violation of Article 319 of the Constitution of India. It is contended that the aforesaid Article prohibits any reappointment of a former member of the Public Service Commission under the Central or State Government.