KHALSA UNIVERSITY AND ANOTHER versus THE STATE OF PUNJAB AND ANOTHER

KHALSA UNIVERSITY AND ANOTHER versus THE STATE OF PUNJAB AND ANOTHER

The Khalsa University (Repeal) Act, 2017 was struck down as unconstitutional under Article 14 because it was a single-entity repeal that singled out Khalsa University among 16 private universities without any reasonable classification or material showing special or emergent circumstances; the stated objective in the...

Source-derived case information.

Parties
Appellant: Khalsa University; Appellant: Khalsa College Charitable Society, Amritsar; Respondent: The State of Punjab; Respondent: Captain Amarinder Singh
Jurisdiction
India
Judgment Date
03 October 2024
Procedural Posture
Civil Appeal / Appeal From the Judgment and Order Dated 01.11.2017 of the High Court of Punjab & Haryana in CWP No. 17150 of 2017
Outcome
Appeal allowed; Impugned Act struck down
Legal Topics
Differential Treatment to Single Entity, Reasonable Classification, Manifest Arbitrariness, Article 14 Equality, Repeal of Statute
Constitutional Law Administrative Law Education Law Differential Treatment to Single Entity Reasonable Classification Manifest Arbitrariness Article 14 Equality Repeal of Statute

Source-derived case record

Summary, issues, holding and outcome

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Parties

Khalsa University

Appellant

Khalsa College Charitable Society, Amritsar

Appellant

The State of Punjab

Respondent

Captain Amarinder Singh

Respondent

Procedural Posture

Civil Appeal / Appeal From the Judgment and Order Dated 01.11.2017 of the High Court of Punjab & Haryana in CWP No. 17150 of 2017

Legal Issues

  1. 1 Whether an enactment giving differential treatment to a single entity is valid in law
  2. 2 Whether the Khalsa University (Repeal) Act, 2017 is liable to be struck down on the ground of manifest arbitrariness under Article 14

Ratio Decidendi

The Khalsa University (Repeal) Act, 2017 was struck down as unconstitutional under Article 14 because it was a single-entity repeal that singled out Khalsa University among 16 private universities without any reasonable classification or material showing special or emergent circumstances; the stated objective in the SOR (protecting Khalsa College heritage) was factually non-existent and the Act was manifestly arbitrary; consequence: the 2016 Khalsa University Act is to be deemed in force and status quo as on 29.05.2017 restored.

Court Disposition

Appeal allowed; Impugned Act struck down

Orders

  • The appeal is allowed
  • The impugned judgment and order dated 1st November 2017 of the High Court of Punjab & Haryana at Chandigarh in C.W.P. No. 17150 of 2017 is quashed and set aside