PRAKASH CHATURVEDI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PETITIONERS Prakash Chaturvedi and Bhopal Chand Mehta by way of instant writ petition under the label of "Public Interest Litigation" have challenged the validity of Rajasthan Private Universities Act. 2005, hereinafter referred to as "the Rajasthan Act". It is submitted that the Act of 2005 is liable to be quashed in view of the judgment of the Hon'ble Supreme Court rendered in Professor Yashpal vs. State of Chattisgarh (2005(5) SCC 420), which more or less fully applies to the instant case. It is averred that in Prof Yashpal's case, Chhatisgarh Niji Kshetra Vishwavidhyalaya (Sthapana Aur Viniyaman) Adhiniyam 2002, hereinafter referred-to as "the Chhatisgarh Act", has been struck down by the Hon'ble Supreme Court. The Rajasthan Act, for all practical purposes except some chances, is substantially similar to the Chhatisgarh Act. PETITIONERS have also challenged the validity of the impugned Act of 2005 on the ground of non-competence of Rajasthan State Legislative Assembly. It is submitted that the State Legislature appears to have enacted the impugned Act of 2005 under the impression that the matter falls within the domain of Entry 25 of List-III of Schedule 7 of the Constitution of India. According to the petitioners, the Entry 25 of List-III can be operative only after University has been established and has started functioning so as to enable the regulatory bodies to decide as to whether University is fit to act as such and the status of State Universities can be given by the UGC in exercise of powers conferred upon it by Section 3 of the UGC Act.

(2.) ON the other hand, it is submitted that the impugned Act has been enacted considering the apparent need to boost up higher education scenario in the State by introducing private parties especially through establishment of Self Financed Private Institutions. It is submitted that His Excellency the Governor of Rajasthan made and promulgated the Rajasthan Self financed Private Universities Ordinance, 2004- on 18.09.2004. The Apex Court delivered the judgment in Prof. Yashpal's case (supra) on 11.02.2005, whereby the Chattisgarh Act was struck down. The Rajasthan Self Financed Universities Bill was placed before the Rajasthan Legislative Assembly on 21.02.2005. ON the basis of the resolution mooted by the Hon'ble Minister, the Incharge of the Higher Education, the Rajasthan Legislative Assembly directed the Select committee to examine the Bill keeping in view the decision of the Apex Court in Prof. Yashpal's case (supra). Accordingly, the changes were made keeping in view the lacunaes pointed out in Chattisgarh Act and the observations made. Thus, the Select Committee recommended modifications in the Act to bring the Bill strictly in accordance with the law laid down by the Apex Court in Prof Yashpal's case (supra). Learned Counsel has pointed out various provisions under the impugned Act comparing with the Chattisgarh Act to show that the impugned Act does not suffer from the defects pointed out in the Chattisgarh Act. Issue Involved - Need to Revitalize Higher Education:

(3.) THE main feature of the amending Act, 2004 was to set up a "Regulatory Commission" for the purpose of ensuring appropriate standards of teaching, examinations, research, protection of the interests of the students and ensuring ,reasonable service conditions of employees by the university. THE Regulatory Commission was to function under the general control of the Visitor. It consisted of two full time and not exceeding two part-time members to be appointed by the Visitor. It was made obligatory on the part of the Regulatory Commission to take, in consultation with the university and other bodies concerned with regulatory functions of the higher education system in the Country such as UGC, AICTE, NCTE, MCI, Pharmacy Council and such agency/agencies established by the Central Government for regulation of education, such steps as it considers necessary for determination and maintenance of standards of teaching, examination and research in the university.