Academic autonomy protects constituent college affiliation from general statutory compulsion under a special university enactment.

A statutory requirement compelling a constituent medical college of an autonomous private university to obtain affiliation from another university cannot override the parent university's academic autonomy under its special enactment. The challenged amendment in the medical education law expanded the definition of private medical institutions and made affiliation mandatory, but that regime was confined to admissions and fee regulation and did not authorise interference with the university's power to manage its own constituent college. The provision could not be saved by reading it down because doing so would create conflict with the special statute. Accordingly, the affiliation requirement was invalid to that extent and the amendment could not stand.

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Issues: Whether a constituent medical college of an autonomous private university could be compelled to obtain affiliation from another university under the amended medical education fee and admission law; and whether the amended provision requiring such affiliation was valid.

Analysis: The University was created under a special State enactment as an independent and autonomous body with power to establish constituent colleges, set up off-campus centres, and regulate its own academic framework subject to regulatory norms. The challenged amendment in the 2006 Act expanded the definition of private medical educational institution and made affiliation by the Himachal Pradesh University mandatory for all private medical institutions in the State. That requirement could not legitimately be applied to a constituent college of another autonomous university, because affiliation of a constituent college is part of the parent university's academic autonomy and the 2006 Act was confined to regulation of admissions and fee fixation. Section 7 of the 2010 Act also did not justify compelling such affiliation, and the amended provision could not be saved by reading it down without creating confusion or conflict with the special statute.

Conclusion: The requirement that the constituent college take affiliation from the Himachal Pradesh University was invalid, and Section 3(6a) of the 2006 Act could not stand.

Final Conclusion: The legal position affirmed the autonomy of the special university to manage affiliation of its own constituent college, and the impugned statutory amendment was held unenforceable to that extent.

Ratio Decidendi: A statutory requirement of affiliation cannot be imposed on a constituent college of an autonomous university where that compels the university to surrender an essential aspect of its academic autonomy under its special enactment, and a general regulatory law cannot override that special legislative scheme absent clear legislative mandate.

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