TaxTMI 
TaxTMI 
2005 (2) TMI 825
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....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 short span of about one year as many as 112 universities were established and many of them had absolutely no buildin....
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....ersities 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 few of them are being reproduced below by way of illustration : Respondent No.3 : Thamath University, Raipur Room....
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....gh 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. M. Tech VLSI (Very Large Scale Intg. Circuits) 2 Yrs. M. Tech Elect. Mechanics & Power Semi Conductor Drive 2 Yrs. M. Tech Energy Management Systems 2 Yrs. M.Sc. Cheminformatics (Intg)/Bioinforma....
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.... 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 publication of this notification in the Chhattisgarh Gazette and the jurisdiction of the University shall extend over whole of Chhattisgarh. 2. The Head Office of the University shall be at Raipur. 3. The State Government, hereby authorizes "Indian University, Raipur" to conduct the syllabus and to grant degree or diplomas for which it shall be recognized or authorized as may be required under any other law for the time being in force." 6. Several legal issues have also been raised in the writ petitions and the principal being that the manner in which these private universities are functioning would result in creating a complete chaos in the system of higher education in the country and the expert bodies created by the Central Government like, University Grants Commission, Medical Council of I....
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....nd 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 up corporations (not being Corporations specified in List I or Universities); unincorporated trading, literary, scientific, religious and other societies and associations; co-operative societies. SEVENTH SCHEDULE TO THE CONSTITUTION OF INDIA LIST I UNION LIST 63. The institutions known at the commencement of this Constitution as the Banaras Hindu University, the Aligarh Muslim University and the Delhi University; the University established in pursuance of article 371E; any other institution declared by Parliament by law to be an institution of national importance. 64. Institutions for scientific or technical education financed by the Government of India wholly or in part and declared by Parliament by law to be institutions of national importance. 65. Union agencies....
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.... 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 were when the instrument was framed and adopted. In Croft v. Dunphy, 1933 AC 156, it was held as under : "When a power is conferred to legislate on a particular topic it is important, in determining the scope of the power, to have regard to what is ordinarily treated as embraced within that topic in legislative practice and particularly in the legislative practice of the State which has conferred the power. Thus in considering what might be appropriately and legitimately enacted in relation to "bankruptcy and insolvency" it was considered relevant to discuss the usual contents of bankruptcy statutes." Similarly, in Wallace Brothers and Co. Ltd. v. Commissioner of Income-tax, Bombay, AIR 1948 PC 118, the Judicial Committee observed th....
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....f 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 pupil; it is charged with the supervision and upbringing of the pupil under tuition. Incorporation was anciently effected by papal grant or charter, and later by royal charter or Act of Parliament. The practice adopted in the case of the most recent foundations is to incorporate the university by royal charter, to which there is annexed a schedule containing the original statutes of the university, and thereafter to obtain the passing of a local Act of Parliament vesting in the university the property and liabilities of any institution which it replaces and making other necessary provisions. A copy of any application for a charter for the foundation of any college or university which is referred by the Queen in Council for the re....
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.... 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 become humane and responsible people. The university expands knowledge across the entire spectrum of disciplines, and it can add to the understanding and enjoyment of life. It continues to be needed for imaginative solutions to the problems of society. 14. Shortly after independence on 4.11.1948 the Government of India constituted a Commission known as "University Education Commission" of which Dr. S. Radhakrishnan was the Chairman. Dr. Tara Chand, former Vice-Chancellor, Allahabad University, Dr. Zakir Hussain, Vice-Chancellor, Aligarh Muslim University, Dr. A. Lakshmanaswami Mudaliar, Vice- Chancellor, Madras University, Dr. Meghnad Saha, Dean, Faculty of Science, Calcutta University and 5 other eminent personalities in th....
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.... 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 American universities in respect of their teaching and examination standards. Unless highest standards of teaching in the Universities are ensured, the degree given by them will not command recognition and respect. The Commission observed : "Our universities should maintain the academic character of their work on a level recognized as adequate by the universities of other countries. Universities are our national institutions, and to keep up our national prestige, our degrees must be such as to command international recognition" 15. The Government of India constituted a Committee in December, 1961 to consider broadly the organizational structure of the Universities in India and to prepare the outline o....
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....ucation 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 the extent of overlapping, the power conferred by item 66 List I must prevail over the power of the State under item 11 of List II. It is manifest that the excluded heads deal primarily with education in institutions of national or special importance and institutions of higher education including research, sciences, technology and vocational training of labour. The following observations in paras 24 and 25 highlight the supremacy of legislation made by the Parliament with reference to Entry 66: " 24. The validity of the State legislation on University education and as regards the education in technical and scientific institutions not falling within Entry 64 of List I would have....
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....r 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 that the State legislation is in conflict with the Central legislation though the former is purported to have been made under Entry 25 of the Concurrent List but in effect encroaches upon legislation including subordinate legislation made by the Centre under Entry 25 of the Concurrent List or to give effect to Entry 66 of the Union List, it would be void and inoperative. 18. In Osmania University Teachers Association v. State of Andhra Pradesh & Anr. 1987 (4) SCC 671, the Court reiterated that it was the exclusive responsibility of the Central Government to determine the standards for higher education and the same should not be lowered at the hands of any particular ....
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....nstitution 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 involves a continuous interaction between the teachers and the students. The base of teaching, the level to which teaching can rise and the benefit which the students ultimately receive depends as much on the caliber of the students as on the caliber of the teachers and the availability of adequate infrastructural facilities. 20. The consistent and settled view of this Court, therefore, is that in spite of incorporation of Universities as a legislative head being in the State List, the whole gamut of the University which will include teaching, quality of education being imparted, curriculum, standard of examination and evaluation and also research activity being....
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....niversity 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 education and determination and maintenance of standards of teaching, examination and research in Universities, and for the purpose of its functions under the Act, the Commission may do all such acts enumerated in sub-sections (a) to (j) thereof. Sections 22 and 23 are important and are being reproduced below : 22. Right to confer degrees - (1) The right of conferring or granting degree shall be exercised only by a University established or incorporated by or under a Central Act, a Provincial Act or a State Act or an institution deemed to be a University under section 3 or an institution specially empowered by an Act of Parliament to con....
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....ma 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 the Commonwealth of Nations (apart from Oxford and Cambridge) on the basis of study beyond the B.A. and the presentation (usually) of a thesis. An exception is Scotland, where the M.A. has been the first degree conferred in all six universities ever since their founding. The bachelor of philosophy and bachelor of letters degrees are given for work beyond the M.A. The New Encyclopedia Britannica "Degree" in education, any of several titles conferred by colleges and universities to indicate the extent of academic achievement. The hierarchy of degrees, dating from the 13th century, once resembled th....
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.... 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 provide for establishment of self financed private Universities for imparting Higher Education and to regulate their functions and for matters connected therewith or incidental thereto. Some of the provisions of the Act which have a bearing on the controversy involved are being reproduced below : Section 2. In this Adhiniyam, unless the context otherwise requires - (a) "Ordinance" means an Ordinance of the University; (b) "Sponsoring Body" in relation to a University means- (i) a Society registered under the Madhya Pradesh Societies Registrikaran Adhiniyam, 1973 (No. 44 of 1973....
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....ss 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 belonging to the Scheduled Tribes and Scheduled Castes, belonging to economically weaker sections, in lieu of land grants if any, from the State Government, subject to the condition that the number of students getting concessions and freeships or scholarships shall not be less than twenty two and one half percent of the total number of seats. The proposed fee structure shall also indicate the rationale for the varying rates of fee that would be levied on non resident Indians and students of other nationalities;  ....
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....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 phased outlays of the capital expenditure for a period not less than next five years. Sub-section (3) says that the State Government on receipt of the Project Report shall make such enquiry as it may deem necessary within 45 days from the date of submission of the Project Report. Sub-section (4) says that if the State Government is satisfied with the proposal to establish the University, it may, subject to such conditions as may be specified, accord sanction for the same. Th....
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....ctice, 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 of University are plurality of teachers teaching more than one higher faculties and other facilities for imparting instructions and research, provision for residence and must have certain standard of instructions providing for graduate and post-graduate levels of study. It pre-supposes existence of a campus, classrooms, lecture theatres, libraries, laboratories, offices, besides some playgrounds and also sport facility for overall development of personality of the students....
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....iversity 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 role of UGC comes at the threshold. The course of study, its nature and volume, has to be ascertained and determined before the commencement of academic session. Proper standard of teaching cannot be achieved unless there are adequate infrastructural facilities in the campus like classrooms, libraries, laboratories, well-equipped teaching staff of requisite caliber and a proper student-teacher ratio. For this purpose, the Central Government has made a number of Rules in exerc....
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..... 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 Rs. 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 knowledge in the subject may be awarded high degrees or other distinctions like a Ph.D., D.Lit., or D.Sc. This is bound to create havoc with the system of higher education in the country and would result in nullifying the main object for which University Grants Commission has been established and would render many provisions of the UGC Act unworkable and otiose. 32. Any State legislation which stultifies or sets at naught an enactment validly made by Parliament would be whol....
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....ns 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 consultancy to the industry and public organizations [clause (6)] or to establish examination centres [clause (8)] or to institute degrees, diplomas, certificates and other academic distinctions on the basis of examination or any other method of evaluation [clause (9)]. Since sub-section (1) of Section 4 uses the expression "for carrying out any or all of the objects", it is obvious that a University can be established only for any one of the aforesaid objectives. This is cl....
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....hin 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 Rs. 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 Fund shall be used as security deposit to ensure that the University complies with the provisions of the Adhiniyam and functions as per the provision of the Adhiniyam, the Statues and the Act. The Regulatory Commission shall have the power to forfeit a part of whole of the Endowment Fund, in case of non-compliance in the manner as may be prescribed. (d) The Endowment Fund s....
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....ildings 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 control of the Visitor and shall consist of a Chairman, two full time and not exceeding two part-time members to be appointed by the Visitor. Sub- section (9) of Section 24 provides that it shall be the duty of the Regulatory Commission to take in consultation with the University and other bodies concerned with regu....
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....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 incorporated under a State Act, before or after the commencement of these Regulations. Regulation 1.5 provides that any private University which has started functioning before the commencement of these Regulations shall ensure adherence to these Regulations within a period of three months from the notification thereof and failu....
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....ng 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 referring to Section 2(f) and 23 of the UGC Act it was said as under : ".. The word "established" or "incorporated" referred to Acts under which universities are established or incorporated. Several universities in this country have been either established or incorporated under special statutes, such as the Delhi Univer....
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....om 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 the State in exercise of its sovereign power which would obviously be through a legislative enactment. In the case of a private University it is necessary that it should be a pre-established institution for higher education with all the infrastructural facilities and qualities which may justify its claim f....
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....#39;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 of the State. The impugned Act which specifically makes a provision enabling a University to have an off-campus centre outside the State is clearly beyond the legislative competence of the Chhattisgarh legislature. 42. The amending Act of 2004 came into force on 17.3.2004. Section 4(1-A) which was in....
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.... 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 Rs. 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 Rs. 30 lakhs of the year 1920 at the present juncture. For those who want to establish a University, a sum of Rs. 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 to the amending Act in detail, as we have already held that Sections 5 and 6 are wholly ultra vires and all notifications issued thereunder notifying the Universities being invalid are liable to be struck down. 43. Shri Ravi Shankar Prashad, learned senior counsel for the State of Chhattisgarh, has submitted that the impugn....
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....re 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 report was not placed before the Court as the complete exercise had not been done. Learned counsel for the Universities have seriously disputed this fact and have submitted that the Universities are functioning. We have not gone into this question as it is purely factual. In order to protect the interests of the students who m....