PROF. YASHPAL AND ANR. versus STATE OF CHHATTISGARH AND ORS.

PROF. YASHPAL AND ANR. versus STATE OF CHHATTISGARH AND ORS.

Sections 5 and 6 of the Chhattisgarh Niji Kshetra Vishwavidyalaya (Sthapana Aur Viniyaman) Adhiniyam, 2002, which allowed the State Government to establish universities by mere executive notification without legislative scrutiny, necessary infrastructure, or compliance with minimum standards, are ultra vires the Constitution. Such provisions and the resulting private universities are a fraud on the Constitution, as they bypass the coordination and determination of standards reserved for Parliament and UGC, and compromise the standard and credibility of higher education and degrees. The entire process subverts the constitutional framework for universities and is therefore invalid; all such...

Parties
Petitioner: Prof. Yashpal; Respondent: State of Chhattisgarh; Respondent: University Grants Commission (UGC); Petitioners/respondents: Private Universities (through various writ petitions, appeals)
Jurisdiction
India
Judgment Date
11 February 2005
Procedural Posture
Writ Petition (civil) and Appeals / Final Decision and Disposal by Supreme Court
Outcome
Writ Petitions (C) No. 19 of 2004 and No. 565 of 2003 are allowed. Sections 5 and 6 of the Chhattisgarh Niji Kshetra Vishwavidyalaya (Sthapana Aur Viniyaman) Adhiniyam, 2002 are declared ultra vires and struck down. All notifications establishing private universities under these provisions (including respondent...
Legal Topics
Legislative Competence Regarding Universities, Validity of State Law Establishing Private Universities, Coordination and Determination of Standards in Higher Education, Role and Powers of UGC, Recognition of Degrees
Constitutional Law Education Law Legislative Competence Regarding Universities Validity of State Law Establishing Private Universities Coordination and Determination of Standards in Higher Education Role and Powers of UGC Recognition of Degrees

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Parties

Prof. Yashpal

Petitioner

State of Chhattisgarh

Respondent

University Grants Commission (UGC)

Respondent

Private Universities (through various writ petitions, appeals)

Petitioners/respondents

Procedural Posture

Writ Petition (civil) and Appeals / Final Decision and Disposal by Supreme Court

Legal Issues

  1. 1 Whether sections 5 and 6 of the Chhattisgarh Niji Kshetra Vishwavidyalaya (Sthapana Aur Viniyaman) Adhiniyam, 2002 are ultra vires the Constitution
  2. 2 Legislative competence of State vs Parliament regarding universities and higher education standards
  3. 3 Validity and constitutional status of private universities established by executive notification without necessary standards or regulation

Ratio Decidendi

Sections 5 and 6 of the Chhattisgarh Niji Kshetra Vishwavidyalaya (Sthapana Aur Viniyaman) Adhiniyam, 2002, which allowed the State Government to establish universities by mere executive notification without legislative scrutiny, necessary infrastructure, or compliance with minimum standards, are ultra vires the Constitution. Such provisions and the resulting private universities are a fraud on the Constitution, as they bypass the coordination and determination of standards reserved for Parliament and UGC, and compromise the standard and credibility of higher education and degrees. The entire process subverts the constitutional framework for universities and is therefore invalid; all such...

Court Disposition

Writ Petitions (C) No. 19 of 2004 and No. 565 of 2003 are allowed. Sections 5 and 6 of the Chhattisgarh Niji Kshetra Vishwavidyalaya (Sthapana Aur Viniyaman) Adhiniyam, 2002 are declared ultra vires and struck down. All notifications establishing private universities under these provisions (including respondent...

Orders

  • Steps to be taken to affiliate bona fide institutions established by such struck-down universities to existing State Universities, subject to fulfilment of requisite norms and standards.
  • Technical, medical, and other professional institutions to be affiliated only if established in compliance with the standards prescribed by respective regulatory statutory bodies (AICTE, MCI, DCI, etc.) with their approval or sanction as required.