ADESH UNIVERSITY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in the present writ petition is to the decision dated 07.12.2012 (Annexure P-6) whereby, in the meeting held under the Chairmanship of Chief Secretary, it was held that admissions to the Medical/Dental colleges including the private ones of Adesh University and other private universities were to be done as per National Eligibility Entrance Test (NEET). It was also decided that the fees for the private institutions including the Medical/Dental institutes at Adesh University would be the same as fixed by the Government under the Punjab Private Health Sciences Educational Institutions (Regulation of Admission, Fixation of Fee and Making of Reservation) Act, 2006 (in short 'the 2006 Act'). The said decision also was to apply to other private universities namely Desh Bhagat or other private universities coming up in future. The challenge is also to the subsequent notification dated 01.02.2013 (Annexure P-12) whereby, the procedure for admission to Post Graduate Degree/Diploma courses for the year 2013 was issued and Baba Farid University of Health Sciences, Faridkot-respondent no. 5 was authorized to make admissions on the basis of NEET-PG2013. Accordingly, a writ in the nature of mandamus praying for a direction to admit the students through its own admission process for the academic session has been prayed for and to fix the fee structure for various courses from the academic session 2013-14.

(2.) The pleaded case of the petitioner-university is that it is a Body Corporate and a University established under the Adesh University Act, 2012 (in short 'the 2012 University Act'). The petitioner-university is being managed and controlled by the Adesh Foundation-petitioner no. 2, the Society registered under the Societies Registration Act, 1860. The respondent no. 1 had issued the Punjab Private University Policy, 2010 (in short 'University Policy') whereby, it sought to attract high quality private sector investment and expertise in the area of higher education. The petitioners applied and had fulfilled the eligibility criteria and were granted the letter of intent in terms of Clause 4.5 of the Policy and University was to be established by way of enactment. As per clause 5.5, the university was to have a single campus and was not permitted to affiliate colleges other than the colleges owned and managed by its sponsoring body and which are situated in the same campus. That on 10.07.2012, vide notification, the 2012 University Act was notified which permitted the petitioner no. 2- foundation to incorporate the University. In pursuance of the letter of intent, respondent no. 3-Baba Farid University had granted no objection to the petitioner-foundation for approval of its colleges established by it at the Bathinda campus to be transferred to the privileges of the proposed Adesh University. The said institutions being 7 in number and imparting education in Medical Sciences, Dental Sciences, Nursing, Pharmacy, Physiotherapy and Para Medical Sciences were thereafter affiliated with petitioner no. 1- University by passing resolution on 12.07.2012 by petitioner no. 2- foundation. It is pleaded that since the Act of 2012 had come into force in July, 2012 and the process for admission to various Graduate and Post Graduate courses which were run by the petitioner-university had already been initiated by the State Government, the petitioners deemed it appropriate to let the State Government continue with the same process as it was not practical to initiate fresh process for admission at that stage.

(3.) A communication dated 20.11.2012 (Annexure P-4) was addressed to the respondent no. 1 that there was a proposal under consideration implicitly controlling the administration/admission process, fee structure in respect of private/self financing universities and before taking any decision, the rights of the private self financing universities should be taken into consideration. The respondent no. 1 gave no opportunity of hearing and a representation was also made on 15.12.2012 (Annexure P-5) to give an opportunity to explain its stand but in the meantime, the impugned order dated 07.12.2012 was passed whereby, the right of the institutes, private universities to conduct examinations on their own and to fix their fee structure and to fill seats was taken away and it was held that it was liable to be fixed by the Government under the 2006 Act. A letter was also written later to the Minister for Medical Education and Research on 26.12.2013 and the Minister had expressed his ignorance on any of the developments and informed the petitioners that he was neither consulted nor informed regarding the decision. Thereafter, a representation was also made on 03.01.2013 for issuing no objection for making admission in the colleges of the university independent of the system, which was earlier in place for the year 2013-14. That on 10.01.2013 also, a representation was addressed to the Director, Research and Medical Education-respondent no. 3 that for the session 2013-14, admissions would be carried out by holding entrance tests conducted by the petitioner. The respondent no. 2 had issued a Gazette notification dated 01.02.2013 inviting admissions to be done to private aided, un-aided and minority Health Sciences Education Institutions as per the procedure laid down by the 2006 Act. Accordingly, writ petition was then filed taking various pleas that once the 2012 University Act had been incorporated, the petitioners were not to be covered under the 2006 Act.