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TMI Blog2005 (2) TMI 825X X X X Extracts X X X X X X X X Extracts X X X X ..... he respondent no.1 to the petition is the State of Chhattisgarh, respondent no.2 is the University Grants Commission and respondent nos.3 to 94 are the private universities which have been established by the State of Chhattisgarh under the aforesaid Adhiniyam. 2. The Chhattisgarh Legislature enacted the Chhattisgarh Niji Kshetra Vishwavidyalaya (Sthapana Aur Viniyaman) Adhiniyam, 2002 (for short 'the Act') which was published in the Gazette on 4.2.2002 to establish self- financed private universities for higher education. Under Section 5 of the Act the State has been empowered to incorporate and establish a university by issuing a notification in the Gazette and Section 6 permits such university to affiliate any college or other institution or to set up more than one campus with the prior approval of the State Government. The main averments in the petition are that after coming into force of the Act, the State Government has been, simply by issuing notifications in the Gazette, establishing universities in an indiscriminate and mechanical manner without having slightest regard to the availability of any infrastructure, teaching facility or their financial resources. In a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... GC and there being no homogeneity of the course content, the degree awarded may not be of any value. The private universities are offering unheard of courses and degrees which are not part of schedule to the UGC Act, which is in clear violation of Section 22 of the aforesaid Act and the Schedule appended thereto. The minimum requirement of teaching staff as laid down in the guidelines of UGC had also been given a complete go-by. Young students are being misled in enrolling themselves in courses which do not have any substantive content and the degrees offered by such private universities would affect the standard of education at large which in turn will jeopardize the educational system of the whole country and not that of State of Chhattisgarh alone. 3. Some photographs have also been filed which show that a signboard mentioning the name of the University is put over small room or shop on first or second floor in some congested market area. That they are functioning from small premises which are sometimes a single small room in a commercial complex or a small tenement on the first or second floor of a building or an ordinary flat or MIG house is evident from their address and a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of. Yash Pal, that a large number of universities have been incorporated by merely issuing gazette notifications though they do not have any kind of infrastructure or teaching facility and are functioning from one room tenement in a second or third floor in a residential or commercial building and without any teaching staff. The universities have been established merely to confer degrees and they have on their own created a large number of degrees and diplomas which are totally unheard of. The universities had issued advertisements for opening up study centres in different parts of the country for award of any number of degrees and diplomas. By way of illustration, copies of advertisements issued by some of the universities have been filed. One of such university, namely, the Indian University, issued an advertisement inviting applications for Nodal Service Centres/University Centres for awarding the following kind of degrees and diplomas: Master of Biotechnology Administration (MBA) 2 Yrs. Master of Insurance Management (MIM) 2 Yrs. M. Tech in Bioinformatics 2 Yrs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mentioned therein that the candidates may apply to the Registrar by sending a Bank Draft of ₹ 800/-. A photocopy of the advertisement has been filed. It has thus been submitted that though the private universities have no infrastructure for imparting any kind of education, they were alluring people all over the country to open study centres for which they were charging huge amount and also befooling students to apply for admission to wholly unknown and unheard of technical, medical and other professional courses which are not recognized by any statutory authority, and thereby a substantial amount of money has been collected. 5. In a stereotyped manner Gazette notifications were issued notifying a University and by way of illustration one such notification is being reproduced below : Raipur, the 11th October, 2002 No. F. 679//02. In exercise of the powers conferred by sub-Section (1) of Section 5 of the Chhattisgarh Niji Kshetra Vishwavidyalaya (Sthapana Aur Viniyaman), Adhiniyam, 2002 (No. 2 of 2002) for extension of Higher/Technical Education in Chhattisgarh, hereby, establishes a University known as Indian University, Raipur with effect from the date of publicatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... niyam, 2004. After expiry of the time limit fixed in the aforesaid amending Act, 59 Universities were de- notified on account of their failure to comply with the amended provisions. It is further averred that after the Act had been amended in the year 2004, the petitioners' grievance has been completely met and consequently the writ petitions deserve to be dismissed. 8. Before we advert to the principal submission of learned counsel for the parties regarding the vires of Section 5 and 6 of the Act, it is necessary to take note of the relevant constitutional provisions dealing with education and Universities, both under Government of India Act, 1935, and the Constitution. SEVENTH SCHEDULE OF GOVERNMENT OF INDIA ACT, 1935 LIST 1 FEDERAL LEGISLATIVE LIST 12. Federal agencies and institutes for the following purposes, that is to say, for research, for professional or technical training, or for the promotion of special studies. 13. The Banaras Hindu University and the Aligarh Muslim University. LIST II PROVINCIAL LEGISLATIVE LIST 17. Education including Universities other than specified in paragraph 13 of List I. 33. The incorporation, regulation, and winding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ist II of Seventh Schedule in Government of India Act specifically provided for Universities and the same is now part of Entry 32 in List II of the Seventh Schedule of the Constitution. Entries 17 and 33 of List II of Government of India Act have been combined and made one composite entry (Entry 32) in List II of the Seventh Schedule of the Constitution. 10. How the word Universities occurring as a legislative head in the Seventh Schedule should be interpreted, one has to look to the legislative practice regarding interpretation of Constitutional entries. For this purpose, it will be useful to refer to some well-known decisions. In South Carolina v. United States, (1905) 199 US 437, the principle was stated as under : To determine the extent of the grants of power, we must, therefore, place ourselves in the position of the men who framed and adopted the Constitution, and inquire what they must have understood to be the meaning and scope of those grants. In Ex parte Grossman, (1925) 267 US 87, the U.S. Supreme Court observed that the language of the Constitution cannot be interpreted safely except by reference to the common law and to British institutions as they wer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in giving and receiving instruction in the higher branches of learning; such persons associated together as a society or corporate body, with definite organization and acknowledged powers and privileges (especially that of conferring degrees), and forming an institution for the promotion of education in the higher or more important branches of learning; also, the colleges, buildings and other property belonging to such a body. Although the institutions to which it refers are readily identifiable, precise and accurate definition is difficult. The essential feature of a university seems to be that it was incorporated as such by the sovereign power. Other attributes of a university appear to be the admission of students from all parts of the world, a plurality of masters, the teaching of one at least of the higher faculties, namely theology, law or philosophy (which in some definitions are regarded as identical) and medicine, provision for residence and the right to confer degrees, but possession of these attributes will not make an institution a university in the absence of any express intention of the sovereign power to make it one. A university involves the relation of tutor and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de to a decision which has some kind of similarity with the case in hand and the footnote reads as under : A school offering correspondence courses in professional and other educational subjects, sending students textbooks and lessons to study, giving examinations based thereon, and awarding diplomas or degrees, but having no entrance requirements, resident students, library, laboratory, or faculty, is not a university. Branch v Federal Trade Com. (CA7) 141 F2d 31) In the New Encyclopedia Britannica (15th ed) University has been described as under : (Page 165) University, institution of higher education, usually comprising a liberal arts and sciences college and graduate and professional schools and having the authority to confer degrees in various fields of study. (Page 186) Universities and students looked toward ways of creating opportunities for a satisfying career outside traditional roles for graduates in scholarship, teaching, and the professions. The university's basic traditional functions remain unchanged enabling students to learn from their cultural heritage, helping them to realize their intellectual and creative abilities, and encouraging them to b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as much by the type of graduate it turns out as by the amount and quality of research contributed by its teachers and research students. It must be clearly recognized that there is no conflict involved between the twofold function of a university to educate its members and to advance the frontiers of knowledge the two functions are, in fact, complementary. Unless high standards of teaching and examinations are maintained, research will suffer, since research can continue uninterruptedly only if there is a regular supply of graduates well prepared by general education for specialized research work. On the other hand, if research is neglected by teachers, their teaching will lack vitality and will rapidly become stale. A degree must always be what a university makes it by the kind of teaching it imparts and the type of intellectual and social life it provides for its members. If our universities are to be the makers of future leaders of thought and action in the country, as they should be, our degrees must connote a high standard of scholarly achievement in our graduates. The Commission noted that many of the Universities did not compare favourably with the best of British and Am ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve been examined in several decisions of this Court. In Gujarat University v. Shri Krishna AIR 1963 SC 703, a decision by a Constitution Bench rendered prior to Forty-second Amendment when Entry 11 of List II was in existence, it was held that Item No.63 to 66 of List I are carved out of the subject of education and in respect of these items the power to legislate is vested exclusively in the Parliament. The use of the expression subject to in item 11 of List II of the Seventh Schedule clearly indicates that the legislation in respect of excluded matters cannot be undertaken by the State Legislatures. In para 23, the Court held as under : Power of the State to legislate in respect of education including Universities must to the extent to which it is entrusted to the Union Parliament, whether such power is exercised or not, be deemed to be restricted. If a subject of legislation is covered by items 63 to 66 even if it otherwise falls within the larger field of education including Universities power to legislate on that subject must lie with the Parliament. Item 11 of List II and item 66 of List I must be harmoniously construed. The two entries undoubtedly overlap; but to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the existence of a state of emergency or unequal standards calling for the exercise of the power. 17. The same question was also examined in considerable detail in State of Tamil Nadu Anr. v. Adhiyaman Educational and Research Institute 1995 (4) SCC 104 and the conclusions drawn were summarized in para 41 of the reports and sub-paras (i) and (ii) thereof are being reproduced below : (i) The expression 'coordination' used in Entry 66 of the Union List of the Seventh Schedule to the Constitution does not merely mean evaluation. It means harmonisation with a view to forge a uniform pattern for a concerted action according to a certain design, scheme or plan of development. It, therefore, includes action not only for removal of disparities in standards but also for preventing the occurrence of such disparities. It would, therefore, also include power to do all things which are necessary to prevent what would make 'coordination' either impossible or difficult. This power is absolute and unconditional and in the absence of the valid compelling reasons, it must be given its full effect according to its plain and express intention. (ii) To the extent tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of lowering of standards by the State for admission to a Post Graduate course in a Medical College and it was held that the State cannot while controlling education in the State impinge on standards in institutions for higher education because this is exclusively within the purview of the Union Government. While considering the question whether norms for admission have any connection with the standards of education and that they are only covered by Entry 25 of List III, it was observed that any lowering of the norms of admission does have an adverse effect on the standards of education in the institutions of higher education. The standard of education in an institution depends on various factors like, (i) the caliber of teaching staff; (ii) a proper syllabus designed to achieve high level of education in a given span of time; (iii) the student-teacher ratio; (iv) equipment and laboratory facilities; (v) caliber of the students admitted; (vi) adequate accommodation in the institution; (vii) the standard of examinations held including the manner in which the papers are set and examined; and (viii) the evaluation of practical examinations done. It was pointed out that education invo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wer to recommend to any University the measures necessary for the reform and improvement of University education and to advise the University concerned upon the action to be taken for the purpose of implementing such recommendation. The Commission will act as an expert body to advise the Central Government on problems connected with the co- ordination of facilities and maintenance of standards in Universities. 22. The preamble of the UGC Act says - an Act to make provision for the coordination and determination of standards in Universities and for that purpose to establish a University Grants Commission. Section 2(f) of this Act defines a University and it means a University established or incorporated by or under a Central Act, a Provincial Act or a State Act, and includes any such institution as may, in consultation with the University concerned, be recognized by the Commission in accordance with the regulations made in this behalf under this Act. Clause 12 provides that it shall be the general duty of the Commission to take, in consultation with the Universities or other bodies concerned, all such steps as it may think fit for the promotion and co-ordination of University edu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... research project. 2. A grade or class of membership attained in a ritualistic order or society denoting a stage of proficiency often after a set ordeal or examination. Wharton's Law Lexicon : The state of a person, as to be a barrister-at-law, or to be a Bachelor or Master of Arts of a University. Chambers's Twentieth : A mark of distinction conferred by universities, Century Dictionary whether earned by examination or granted as a mark of honour. P. Ramanatha Aiyar : A mark of distinction conferred upon a student Law Lexicon (2nd Ed) for proficiency in some art or science; University diploma of specified proficiency. Encyclopedia Americana DEGREE - the title conferred by a college or university, signifying that a certain step or grade has been attained in an area of learning. The award of a diploma conferring the bachelor's degree marks completion of undergraduate study. The master's and doctor's degrees reward graduate study. Other degrees constitute evidence of preparation for professional work the M.D. (doctor of medicine) for example. In the 20th century, however, the M.A. is granted in American universities and in those of England and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of an academic degree must possess the requisite proficiency and expertise in the subject which the degree certifies. 24. Mere conferment of degree is not enough. What is necessary is that the degree should be recognized. It is for this purpose that the right to confer degree has been given under Section 22 of UGC Act only to a University established or incorporated by or under a Central Act, Provincial Act or State Act or an institution deemed to be a University under Section 3 or an institution specially empowered by an Act of Parliament to confer or grant degrees. Sub-section (3) of this Section provides that degree means any such degree as may, with the previous approval of the Central Government, be specified in this behalf by the Commission by notification in the Official Gazette. The value and importance of such degrees which are recognized by Government was pointed out by a Constitution Bench in Azeez Basha v. Union of India AIR 1968 SC 662. 25. Having seen what is the concept of a University and what is the value of a degree awarded by it, the Scheme and the provisions of the impugned Act may now be examined. The Preamble of the Act says that it is an Act to provid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ects of the University along with the details of the Sponsoring Body; (b) the extent and the status of the University and the availability of land; (c) the nature and the type of programmes of study and research to be undertaken in the University during a period not less than the next five years; (d) the nature of faculties, courses of study and research proposed to be started; (e) the campus development such as building, equipment and structural amenities; (f) the phased outlays of capital expenditure for a period not less than the next five years; (g) the item-wise recurring expenditure, sources of finance and estimated expenditure for each student; (h) the scheme for mobilizing resources and the cost of capital thereto and the manner of repayments to the Sponsoring Body and other sources; (i) the scheme for the generation of funds internally through the recovery of fee from students, revenues anticipated from consultancy and other activities relating to the objects of the University, and other anticipated incomes; (j) the details of expenditure on unit cost and the extent of concessions or rebates in fee or freeship and scholarship for students be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds the fee payable by students belonging to socially disadvantaged or weaker sections of society or for conducting any study for research purposes, etc. 26. Section 3 of the Act enumerates the objects of the University. Sub- section (1) of Section 4 provides that an application containing the Project Report to establish a University for carrying out any or all of the objects enumerated in Section 3 of the Act shall be made to the State Government by the sponsoring body. Sub-section (2) of Section 4 provides that the Project Report shall contain the particulars which have been enumerated from clauses (a) to (m) in the said Sub-section. The Project Report is to merely indicate the availability of the land and also the details of the Scheme for mobilization of resources and generation of funds. The Project Report is in the nature of a proposal where some details have to be furnished regarding the type of courses of study and research to be undertaken in the University during the period not less than next five years, the nature of faculty and courses of study proposed to be started, the campus development such as building, equipment and structural amenities proposed to be made and p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment of India Act, where Entry 13 of List I related to Banaras Hindu University and Aligarh Muslim University and Entry 17 of List II was education including Universities other than those specified in Entry 13 of List I. The framers of the Constitution had the same concept of University in their mind as was there in the Government of India Act when they made the relevant entries in the Seventh Schedule of the Constitution. Keeping in view the principles of legislative practice, the word University should be given the same meaning as it was generally understood at the relevant time having due regard to what is ordinarily treated as embraced within that topic or subject. 28. As shown earlier, University is a whole body of teachers and scholars engaged at a particular place in giving and receiving instructions in higher branches of learning; and as such persons associated together as a society or corporate body, with definite organization and acknowledged powers and privileges and forming an institution for promotion of education in higher or more important branches of learning and also the colleges, building and other property belonging to such body. Other necessary attributes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gher studies or facility for research is not contemplated by either of these Entries. Sections 5 and 6 of the impugned enactment are, therefore, wholly ultra vires being a fraud on the Constitution. 30. Entry 66 which deals with co-ordination and determination of standard in institutions for higher education or research and scientific and technical institutions is in Union List and the Parliament alone has the legislative competence to legislate on the said topic. The University Grants Commission Act has been made with reference to Entry 66 (See Prem Chand Jain v. R.K. Chhabra 1984 (2) SCR 883 and Osmania University Teachers Association v. State of Andhra Pradesh 1987 (4) SCC 671). The Act has been enacted to ensure that there is co-ordination and determination of standards in Universities, which are institutions of higher learning, by a body created by the Central Government. It is the duty and responsibility of the University Grants Commission, which is established by Section 4 of the UGC Act, to determine and coordinate the standard of teaching curriculum and also level of examination in various Universities in the country. In order to achieve the aforesaid objectives, the ro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... degrees by various Universities. The impugned enactment, however, enables a sponsoring body, without having any kind of teaching facility to award degrees. In view of clauses (8) and (9) of Section 3 of the Act, a University can be established only to establish examination centres or just to institute degrees, diplomas, certificates and other academic distinctions on the basis of examination or any other method of evaluation anywhere and without any pre-determined standards. The possibility that such Universities which award degrees without having any teaching facility and without imparting any education will do so only for the purpose of making money is writ large. The fact that the amendments made in the Act in 2004 (referred to later in paragraph 34 of the judgment) making it mandatory to create an endowment fund of ₹ 2 crores and having provision of 15 acres of land have been challenged by many Universities speaks volumes of their intention. Preparing a Project Report on paper is not a difficult job and any number of sponsoring bodies can be created or formed in order to take advantage of the easy opportunity made available by the impugned Act. Persons with absolutely no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cially the effect of Sections 4, 5, 6 thereof and the result which it has led to in notifying as many as 112 Universities within a short span of one year on the basis of proposals made on paper with many or most of them having almost zero infrastructural facilities clearly shows that the relevant provisions of the Act have completely stultified the power of the Parliament under Entry 66 to make provision for co-ordination and determination of standards in institutions for higher education like Universities, the provisions of the UGC Act and also the functioning of University Grants Commission. Sections 5 and 6 of the impugned Act are, therefore, wholly ultra vires the Constitution of India and are liable to be struck down. 33. Dr. Dhawan, learned senior counsel for the petitioners in Writ Petition No.19 of 2004, has also pointed out certain other infirmities in the impugned Act. Section 4 provides that a University may be established for carrying out any or all of the objectives enumerated in Section 3 of the Adhiniyam. The objectives mentioned in clauses (1) to (5) are the normal objectives of a University. However, a University cannot be established only to provide consultan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alongwith fee and such form as may be prescribed , at least one year before the date from which it intends to start the university. (b) The Sponsoring Body shall submit alongwith its application as per (a) above, (i) Proof of having established an Endowment Fund of ₹ 2 crore; (ii) Proof of being in possession of 15 acres of land, in case the main campus is proposed to be established within the Municipal Corporation Limits of Raipur; or 25 acres of land in case the main campus is proposed to be established elsewhere in the State and in addition, if the land has been obtained on lease, the period of lease should be at least 30 years. In case, the Sponsoring Body does not possess the required land, it shall furnish proof of having deposited an additional sum of ₹ 2 crore in the manner prescribed. Withdrawals out of this additional fund shall be permitted by the Regulatory Commission for the purchase of land for the use of the University. Provided that where the main campus of the University is proposed to be established in a Scheduled Area of the State, only fifty percent of the amounts in (i) and (ii) above need to be deposited. (c) The Endowment Fun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng shall be substituted; namely:- (2) On its notification under Sub-section (1) of Section 5, the University shall establish its main campus in the State of Chhattisgarh on the land referred to in Sub-section (1) of Section 4 and for that purpose shall create a built up area of at least 25,000 Sq.ft. in the form of buildings and ancillary structures within a period of 2 years from the date of such notification. In the case of Universities which have already been notified before this Sansodhan Adhiniyam, the period of 2 years shall be reckoned from the date of coming in force of this Sansodhan Adhiniyam. (3) All disputes arising as a result of the provisions made in this Adhiniym shall be settled by a court of law located in the State of Chhattisgarh. Section 24 of the principal Act was also substituted by a new provision which provides for setting up of 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 while University has full freedom to function. The Regulatory Commission shall function under the general contr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ersity. Section 4(1)(b)(ii) mentions possession of land and not ownership . It is not difficult to speculate whether the heavy expenditure involved in making construction of buildings (classrooms, lecture halls, offices and hostels, etc.), libraries and laboratories would at all be undertaken on land which has been taken on lease for a short period of 30 years. Thus, the amended Sections 5 and 6 suffer from the same vice as the unamended provisions and are liable to be struck down as being ultra vires. 36. In exercise of power conferred by Section 26 of the UGC Act, the University Grants Commission has made the UGC (Establishment of and Maintenance of Standards in Private Universities) Regulations, 2003. The Regulations have been made with the object of providing for a regulatory mechanism for establishment and operation of private Universities and for safeguarding the interests of the student community with adequate emphasis on the quality of education and to avoid commercialization of higher education and also to maintain standards of teaching, research and examination. Regulation 1.2 provides that the same shall apply to every private University established by or incorpora ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l Solicitor General appearing for UGC, has submitted that Section 5(1) of the impugned Act which permits establishment of a University merely by an executive action of issuing a notification in the Gazette is illegal. The University Grants Commission Act, a law made by Parliament with reference to Entry 66 List I, having empowered the UGC to make Regulations, any provision of an enactment made by the State Legislature concerning higher education which is in conflict with the Regulations, would be ultra vires, as held in sub-para (ii) of para 41 of State of Tamil Nadu v. Adhiyaman Educational and Research Institute (supra). He has referred to Regulation 3.1 of University Grants Commission (Establishment of and Maintenance of Standards in Private Universities) Regulation, 2003 which lays down that each private University shall be established by a separate State Act and shall conform to the relevant provisions of the UGC Act, 1956 as amended from time to time. He has also submitted that this Court had clearly ruled in Prem Chand Jain v. R.K. Chhabra 1984 (2) SCR 883, that a University established by special legislation alone can have the right to confer degrees, where while referr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned senior counsel, who appeared amicus curiae, has rightly submitted that though Entry 32 in List II is in general terms dealing with incorporation, regulation and winding up of corporations other than those specified in List I and Universities , but incorporation of a company is entirely different from incorporation of a University and they are conceptually different. Sections 3, 3(1)(i), 12, 13, 26, 33 and 34 of the Companies Act relate to incorporation of a Company. It need not have a prior business and a mere statement of a lawful purpose in the Memorandum of Association is enough. If a Company is unable to achieve its objective and is unable to carry on business, the shareholders may suffer some financial loss, but there is absolutely no impact on society at large. However, a University once incorporated gets a right to confer degrees. A University having no infrastructure or teaching facility of any kind would still be in a position to confer degrees and thereby create a complete chaos in the matter of co-ordination and maintenance of standards in higher studies which would be highly detrimental for the whole nation. A University may, therefore, be established either by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as the private Universities are concerned. 41. Dr. Dhawan has also drawn the attention of the Court to certain other provisions of the Act which have effect outside the State of Chhattisgarh and thereby give the State enactment an extra territorial operation. Section 2(f) of the amended Act defines 'off-campus centre' which means a centre of the University established by it outside the main campus (within or outside the State) operated and maintained as its constituent unit having the university's complement of facilities, faculty and staff. Section 2(g) defines off-shore campus and it means a campus of the university established by it outside the country, operated and maintained as its constituent unit, having the university's complement of facilities, faculty and staff. Section 3(7) says that the object of the University shall be to establish main campus in Chhattisgarh and to have the study centres at different places in India and other countries. In view of Article 245 (1) of the Constitution, Parliament alone is competent to make laws for the whole or any part of the territory of India and the legislature of a State may make laws for the whole or any part ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... des that endowment fund shall be used as security deposit to ensure that the University complies with and functions as per the Act. In Azeez Basha v. Union of India (supra), the history of establishment of Aligarh Muslim University has been given. Though in the year 1877 the Viceroy laid the foundation stone for the establishment of Muhammadan Ango-Oriental College, Aligarh, which over a period of time became a flourishing institution, yet, when a demand was made to establish a University, the Government of India made a condition that at least ₹ 30 lakhs must be collected and thereafter the University was established by the 1920 Act. It is extremely difficult to visualize the real value and purchasing power of ₹ 30 lakhs of the year 1920 at the present juncture. For those who want to establish a University, a sum of ₹ 2 crores is just a pittance. The fact that many of the private Universities have challenged the provisions of the amending Act itself shows their intention and purpose that they do not want to create any infrastructure but want to have the right of conferring degrees and earn money thereby. However, it is not necessary to examine the challenge raised ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tudents would not be attracted. In the current scenario, students are prepared to go to any corner of the country for getting good education. What is necessary is a large number of good colleges and institutions and not Universities without any teaching facility but having the authority to confer degrees. If good institutions are established for providing higher education, they can be conferred the status of a deemed University by the Central Government in accordance with Section 3 of UGC Act or they can be affiliated to the already existing Universities. The impugned Act has neither achieved nor is capable of achieving the object sought to be projected by the learned counsel as it enables a proposal alone being notified as a University. 45. As a consequence of the discussion made and the findings recorded that the provisions of Sections 5 and 6 of the Act are ultra vires and the Gazette Notifications notifying the Universities are liable to be quashed, all such Universities shall cease to exist. Shri Amarendra Sharan, learned Additional Solicitor General has submitted that the UGC had conducted an inquiry and it was found that most of the Universities were non-existent, but the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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