TaxTMI 
TaxTMI 
2005 (2) TMI 825
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....ivate 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 buildings or campus and were running from one ....
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....s 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 No.201, IInd Floor Raipur Commercial Compl....
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....nd 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)/Bioinformatics(Intg) 5 Yrs. M.Sc. Biotechnology (Intg.) 5 Yrs. M.Sc. Bioinformatics/Biotechnolo....
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....an), 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 India, All India Council for Technical Education etc. for coordination and determination of standards in their own respective fields would not be able to perform their statutory duty and would ma....
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.... 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 and institutions for (a) professional, vocational or technical training, including the training of police officers; or (b) the promotion of special studies or research; or (c) scientific or techni....
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....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 that where Parliament has conferred a power to legislate on a particular topic it is permissible and important in determining the scope and meaning of the power to have regard to what is ordinarily treated as embraced within that topic in the legislative practice of....
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.... 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 report of a committee of the Privy Council must be laid before Parliament, together with a copy of the draft charter, for not less than 30 days before the committee reports upon it. In 15A American Jurisprudence 2d "University" has been defined as under : Para 1. Definitions. ....
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....in 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 the field of education were its members. The Commission gave a very long and exhaustive report. Chapter II of the report deals with the aims of University education and Para 2 of Part I is illustrative and the same is being reproduced below : "2. Universities as the Organs of Civilization He....
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....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 of a "Model Act" suited to their role and functions of which Dr. D.S. Kothari, Chairman, UGC was the Chairman and several other persons who were either Vice-Chancellors of Universities or were connected with the field of education were members. In the concluding part of the First Chapter, the Committee noted as under : ....
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....at 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 to be judged having regard to whether it impinges on the field reserved for the Union under Entry 66. In other words, the validity of State legislation would depend upon whether it prejudicially affects co-ordination and determination of standards, but not upon the existence of some definite Union legislation directed to achieve that purpose. I....
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....onal 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 State as it was of great importance to national progress. After referring to the Constitution Bench decision in Kerala State Electricity Board v. Indian Aluminium Co. 1976 (1) SCC 466, where it was held that when an entry is in general terms in List II and part of that entry is in specific terms in List I, the entry in List I takes effect notwithstanding the e....
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.... 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 carried on will not come within the purview of the State legislature on account of a specific Entry on co- ordination and determination of standards in institutions for higher education or research and scientific and technical education being in the Union List for which the Parliament alone is competent. It is the responsibility of the Parliament to ensure that proper s....
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....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 confer or grant degrees. (2) Save as provided in sub-section (1), no person or authority shall confer, or grant, or hold himself or itself out as entitled to confer or grant any degree. (3) For the purpose of this section, "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 O....
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....bsp;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 the medieval guild system. In the United States and Great Britain, the modern gradation of academic degrees is usually bachelor (or baccalaureate), master, and doctor. With some exceptions, intermediate degrees, such as those of bachelor and master, have been abandoned in the universities of continental Europe. A degree conferred by a University is a proof of the fact that a person has studied a course of a particular higher level and h....
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....gree 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) (ii) any Public Trust; or (iii) a Company registered under Section 25 of the Companies Act, 1956 (No. 1 of 1956); (c) "Statute" means a Statute of the University; (d) "University" means a University established under sub- section (1) of Section 5. 3. The objects of the University shall be - 1. to provide instructions, teaching and training in Higher Education and make provisions for research, advancement and dissemina....
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.... 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; (k) the years of experience and expertise in the concerned disciplines at the command of the Sponsoring Body as well as the financial resources; (l) the system to select students for admission to the courses of study at the University; (m) such other details as may be prescribed by rules framed under this Adhiniyam. (3) The State Government, on receipt of the Project Report shall make such enquiry as it may deem necessary within forty five days from the date of submission of the Pro....
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....han 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. Therefore, the requirement of Section 4 is submission of an application containing Project Report which will merely indicate availability of land and some proposals and schemes for generation of funds and mobilization of resources and also proposal for development of building etc. and courses of study proposed to be started. It is this Project Report which merely contains some proposals and schemes for future implementation which is accorded sanction by the State Government. Thereafter comes Section 5 which says that the State Go....
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....itution 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. However, under the provisions of the impugned Act, a proposal which is on paper and merely gives some kind of a plan or scheme to be done in future is notified as a University. When the Constitution has conferred power on the State to legislate on incorporation of University, any Act providing for establishment of the University must make such provisions that only an institution in the sense of University as it is generally understood with all the infrastructural facilities, where teaching and research on wide range of subjects a....
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....termine 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 exercise of powers conferred by Section 25 of UGC Act and the Commission has also made Regulations in exercise of power conferred by Section 26 of the UGC Act and to mention a few, UGC Inspection of Universities Rules, 1960, UGC Regulations 1985 regarding the Minimum Standards of Instructions for the Grant of the First Degree, UGC Regulations, 1991 regarding Minimum Qualifications for Appointment of Teachers in Universities and Colleges, etc. The UGC with the approval of the Central Government and exercising power under Section 22(3) of the....
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....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 wholly ultra vires. We are fortified in our view by a Constitution Bench decision in R. Chitralekha v. State of Mysore AIR 1964 SC 1823 where power of the State under Entry 11 List II (as it then existed), and Entry 25 List III qua Entry 66 List I came up for consideration. Subba Rao, J. after quoting the following passage from Gujarat University vs. Shri Krishna AIR 1963 SC 703 : "The State has the power to prescribe the syllabi and courses of study in the institutions named in Entry 66 (but not falling within entries 63 to 65) and as an in....
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....iyam. 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 clearly a colourable piece of legislation being beyond the legislative competence of the State legislature as the relevant entries in List II and List III of Seventh Schedule of the Constitution do not contemplate creation or establishment of such kind of a University. 34. The Act was amended by the Chhattisgarh Niji Kshetra Vishwavidyalaya (Sthapana Aur Viniyaman) Sansodhan Adhiniyam, 2004 (hereinafter called "the amending Act"), which was published in the Gazette on 17.3.2004. By this amending Act some provisions were substituted and some new provisions were....
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.... 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 shall be invested in the manner as may be prescribed. (e) The Sponsoring Body shall be permitted to use income from the Endowment Fund for the development of the University. (1-A) A University already established in the State under the provisions of the Adhiniyam, shall comply with the provisions of clauses (b) to (e) of Sub-section (1) of Section 4 above by 30th June, 2004 or else the Notification issued by the Government under Sub-section (1) of Section 5 of the Adhiniyam shall be liable to be cancelled on the recommendations of the Regulatory Commission. In the event of such de-notification of the University, completion of c....
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....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 regulatory functions of the higher education system in the country such as UGC, AICTE, NCTE, MCI, Pharmacy Council and such agency/agencies established by the Central Government for regulation of education, or such steps, as it considers necessary for determination and maintenance of standards of teaching, examination and research in the University. 35. The amending Act of 2004 does not make any appreciable change in the matter of issuing a notification for establishment of a University. Under the amending Act, Regulatory Commission is to be established by the Visitor (Governor). The application containing the Project Report shall be made to the Regulatory Commission one year before the da....
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....ation 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 failure to comply with this requirement shall render any degree/diploma awarded by a private University as unspecified in terms of Section 22 (3) of the UGC Act and shall invite penalty under Section 24 of the said Act. Regulations 3.1, 3.2, 3.6 and 3.7 are important and they are being reproduced below : 3.1 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. 3.2 A private university shall be a unitary university having adequate facilities for teaching, research, examination and extension services. 3.6 The programmes of study leading to a degree and/or a post-graduate degree/diplo....
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....led 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 University Act, the Banaras Hindu University Act, the Allahabad University Act etc. In these cases, there is a special Act either of the Central or the Provincial or the State legislature establishing and incorporating the particular universities. There is also another pattern where under one compendious Act several universities are either established or incorporated for instance, the Madhya Pradesh Universities Act, 1973. The definition of university and provisions in S.23 of the Act refer to Acts of the Central, Provincial or the State legislatures by which one or more universities are established or incorporated and not to institutions incorporated under a general statute providing for incorpora....
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....r 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 for being conferred with the status of a University and only such an institution can be conferred the legal status and a juristic personality of a University. 40. Shri Rakesh Dwivedi has also submitted that insofar as private Universities are concerned, the word "or" occurring in the expression "established or incorporated" in Sections 2 (f), 22 and 23 of the UGC Act should be read as "and". He has submitted that the normal meaning of the word "established" is to bring into existence and in order to avoid the situation which has been created by the impugned enactment where over 112 Universities have come into existence within a short period of one year of which many do not have any kind of infrastructure or ....
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....itution, 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 inserted by this amendment provided that a University already established in the State under the provisions of the Adhiniyam shall comply with the provisions of clauses (b) to (e) of sub-section (1) of Section 4 by 30th June, 2004 or else the notification issued by the Government under sub-section (1) of Section 5 of the Adhiniyam shall be liable to be cancelled on the recommendations of the Regulatory Commission. These provisions related to creation of an endowment fund of Rs. 2 crores and requirement of land. It appears that as many as 59 Universities were denotified as they did not comply with the requirements of the aforesaid provision. Learned State counsel made a statement that one more University was proposed....
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....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 impugned Act was passed in order to attract private capital as the State does not have enough funds to establish educational institutions and Universities. The Policy of Government of India has undergone a change since 1991 and emphasis is on privatization. The Act was enacted so that facility for higher education in the State of Chhattisgarh may be improved and a large volume of students may get opportunity to pursue higher studies. He has also submitted that the UGC itself has made regulations governing admission and fee in private non-aided professional institutions which makes reference to joint venture between a private trust or society and the State Government. The enactment, it has been urged, is an experiment in t....
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....olicitor 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 may be actually studying in the institutions established by such private Universities, it is directed that the State Government may take appropriate measures to have such institutions affiliated to the already existing State Universities in Chhattisgarh. We are issuing this direction keeping in mind the interest of the students and also Sections 33 and 34 of the Act, which contemplate dissolution of the sponsoring body and liquidation of a University whereunder responsibility has to be assumed by the State Government. It is, however, made clear that the benefit of affiliation of an institution shall be extended only if it fulfills the requisite norms and standards laid down for such purpose and not to every kind of insti....