Punjab-Haryana High Court
Arpan Gupta vs Board Of Governors Of Regional ... on 16 May, 1996
Equivalent citations: AIR1997P&H61, AIR 1997 PUNJAB AND HARYANA 61, (1997) 5 SERVLR 336 (1998) 1 SCT 176, (1998) 1 SCT 176
ORDER R.S. Mongia, J.
1. Three writ petitions -- C.W.P. No. 615 of 1996, C.W.P. No. 1660 of 1996 and C.W.P. No. 2393 of 1996, were dismissed by us but it was observed that the reasons for dismissing the same would be recorded lateron. We proceed to record the reasons.
2. Can a student insist that the college where he is studying must remain affiliated to a particular University, to which the college was affiliated at the time of his admission, or is it permissible by a Legislative fiat to change the affiliation of the college from one University to another University is the question that is to be answered in these writ petitioners.
3. Civil Writ Petition No. 2393 of 1996 has been filed by petitioner Udayam Verma, who is a student of Bachelor of Technology (Computer Science) 1st Year Class in Maharshi Markandeshwar Engineering College, Ambala City, Civil Writ Petition No. 615 of 1996 has been filed by one Arpan Gupta, who is a student of Bachelor of Technology (Mechanical) 1st Year Class in Regional Engineering College, Kurukshetra, whereas Civil Writ Petition No. 1660 of 1996 has been filed by 165 students of the Regional Engineering College, Kurukshetra. The colleges in which the petitioners are studying were affiliated to Kurukshetra University, Kurukshetra. The Legislature of the State of Haryana enacted an Act known as Guru Jambheswar University Hisar Act, 1995 (Haryana Act No. 17 of 1995) (hereinafter referred to as 'the Act'), which came into force w.e.f. October 20, 1995. By this Act, a new University by the name of Guru Jambheshwar University (in short 'G.J.U.') was incorporated. So far as the objects of this Legislation are concerned, it has been mentioned that this is an Act to establish and incorporate a University to facilitate and promote studies in emerging areas of higher education, including new frontiers of technology, environmental studies, non-convential energy sources and management studies, and also to achieve excellence in these and connected fields. According to the Act, any existing College of Engineering, Technology or Management situated in the State of Haryana shall, w.e.f. the date of enforcement of the Act be deemed to be associated with and admitted to the privileges of the University and shall cease to be associated in any way with or be admitted to, any privileges of any other University. The Act also makes provision for the transitory period. The provisions of Sections 3 and 4 of the Act are reproduced:
"3. (1) There shall continue to be a body corporate by the name of Guru Jambheswar University comprising of the Chancellor and the Vice Chancellor of the University, and the members of the Court, the Executive Council and the Academic Council and all persons, who may hereafter become or be appointed as such officers or members, so long as they continue to hold such office or membership. (2) The University shall have perpetual succession and a common seal with power to acquire, hold and dispose of property and to contract, and may by the said name sue or be sued.
4. (1) The limits of the area within which the University shall exercise its powers shall be the whole of the State of Haryana. (2) Any new College of Engineering, Technology or Management to be opened in any part of the State of Haryana shall with effect from the date of enforcement of this Act, shall have to get affiliated to this University. (3) Notwithstanding anything contained in any other law for the time being in force, any existing College of Engineering, Technology or Management situated in the State of Haryana shall, with effect from the date of enforcement of this Act be deemed to be associated with and admitted to the privileges of the University and shall cease to be associated in any way with, or be admitted to, any privileges or any other University:
"Provided that--
(i) any student of any college associated with, or admitted to, the other University before the said date, who was studying for any degree or diploma examination of that University shall be permitted to complete his course in preparation thereof and the University shall hold for such students examinations in accordance with the curricula of study in force in that University for such period as may be prescribed by the Statutes, Ordinance or Regulations:
(ii) any such student may, until any such examination is held by the University, be admitted to the examination of the other University and be conferred the degree, diploma or any other privilege of that University for which he qualifies on the result of such examination."
The Regional Engineering College, Kurukshetra, issued an order on January 1, 1996, that in view of the provisions of the Act, the Regional Engineering College Kurukshetra, stood affiliated to G.J.U. Hisar and further the G.J.U., Hisar, had decided to conduct the 1st and 2nd Semester Bachelor of Engineering and Bachelor of Technology and all M. Tech. examinations in January, 1996. However, all other examinations for the current Semester were being conducted by the Kurukshetra University.
4. The affiliation of the Colleges, where the petitioners are studying, to G.J.U. by the Act and the order issued by the Principal dated January 1, 1996, have been challenged in these writ petitions.
5. The counsel for the petitioners submitted that Kurukshetra University, to which the Colleges, where the petitioners are studying were affiliated is a well known University in this Country and even abroad and the petitioners would be deprived of the degree from Kurukshetra University and they would be given the degree by G.J.U. which is a wholly unknown University which will pre-
judiciously affect their chances of getting a good job after obtaining the degree or even for getting admission in other Institutions for higher studies. It was further argued that G.J.U. has not been recognised by All India Council for Technical Education under the provisions of All India Council for Technical Education Act, 1987, and the Regulations made thereunder known as the AH India Council for Technical Education (Grant of Approval for starting new Technical Institutions, Introduction of Course or Programme and Approval of Intake Capacities of Studies for the Courses or Programmes) Regulations, 1994 (in short 'the Regulations') and, therefore, the degree awarded by the G.J.U, will not be recognised by any other Institution/ University for admission to higher classes or even for getting a job. Further, it was argued that the petitioners had taken admission in the Colleges with hope that they would be governed by the Rules and Regulations of the Kurukshetra University, which is a very well reputed University and could be ultimately awarded a degree by that University but in the middle of the courses, the affiliation of the Colleges has been changed. The respondents had no authority to change the affiliation so far as the students who are already admitted are concerned. It was also argued that the Haryana Legislature was not competent to legislate the Act as the subject matter of the Act is covered under List I of Schedule VII. Specific reference was made to Entries 64, 65 and 66 of Schedule VII, List I of Constitution of India, which may be reproduced:
"64. Institution for Scientific or technical education financed by the Government of India wholly or in part and declared by Parliament by law to be institution of National importance;
65. Union agencies and institutions for--
(a) Professional, vocational for technical training, including the training of police officers, or
(b) the promotion of special studies and research, or
(c) scientific or technical assistance, in investigation or detection of crime.
66. Co-ordination and determination of standards in institutions for higher education or research and Scientific and technical institutions."
On the other hand, learned counsel for the University, submitted that it was by a Legislative Act of the Haryana Government that all existing colleges of Engineering, Technology, situated in the State of Haryana were brought under one University i.e. G.J.U. and this University was incorporated to achieve the objects which have already been mentioned in earlier part of the judgment. It has further been averred that the University is stated to be one of the biggest Universities in the Asian Sub Continent in the field of technology, environmental studies, non-conventional energy sources and management studies. The Courses which are being run by the University on its campus at present are:
1. M. Sc. Mass Communication.
2. M. Sc. (Environmental Science)
3. M. Sc. (Applied Math)
4. M. Sc. (Industrial Chemistry)
5. Master of Business Economics (MBE)
6. Law (LL.B).
7. M. Tech. Environmental Science and -Engineering.
8. M. Tech. Computer Science and Engineering.
9. Master of Business Administration (MBA).
10. B. Pharmacy."
Further, the University proposes to start the following Courses w.e.f. 1996-97:
1. Master of Computer Application (MCA)
2. M. A. (Public Administration)
3. M. Tech. (Printing Technology)
4. M. A. (Industrial Psychology)
5. Master of International Business (MIB).
6. P.G. Diploma in Advertising.
7. P. G Diploma in Food Processing and Technology.
8. M. Sc. (Artificial Intelligence).
9. M. Sc. (Information Science and Technology).
10. Master of Finance and Control.
11. Master of Marketing Technology.
12. M.Sc. in Laser Technology.
13. M.Sc. (Applied Physics).
14. P.G. Diploma in Actuarial Science and Insurance.
15. Department of Languages.
G.J.U. is recognised by the University Grants Commission. The Association of Indian Universities which is the body to give recognition to the University as its associate member has already recognised the University and that Association has asked the Registrar of all the member Universities Institutions to recognise the degree awarded by the G.J.U. It has further been averred that under the Regulations, there is no requirement for a University to be recognised by All India Council of Technical Education. The said Council is a body which approves the Technical Institutions and the Technical Courses run by the University and not the establishment of a New University. The erstwhile Regional Centre of Kurukshetra University, which has been upgraded as the New University, and the Courses, run by it are already approved by the AH India Council of Technical Education. The Regional Engineering College, Kurukshetra, is approved by All India Council for Technical Education for running the Technical Courses.
6. It may be observed here that so far as the respondents-Colleges where the petitioners are studying are concerned they are opposing the petitions and have taken a stand that the Colleges have been rightly affiliated to G.J.U.
7. After hearing the learned counsel for the parties, we are of the view that there is no merit in these writ petitions. No student has a right that the College where he is studying must remain affiliated to the same University to which it was affiliated at the time of his admission and during the duration of the entire course, it cannot be affiliated to some other University. In the present case, it is by virtue of a Legislative fiat that the existing Technical Institutions/Colleges situated in Haryana stand affiliated to G.J.U. by virtue of Section 4(3) of the Act reproduced above. The Colleges where the petitioners arc studying stood affiliated to Kurukshetra University by an earlier Act. The Legislature can always pass an Act changing the affiliation of an existing College from one University to another. It can be for various reasons. For example, prior to the reorganisation of the State of Punjab on Nov. 1, 1966, all Colleges in the State of Punjab were affiliated to Punjab University, Solan/Chandigarh. By a Legislative fiat, Gurunanak Dev University, Amritsar; Punjabi University, Patiala, and Punjab Agricultural University, Ludhiana, were established and the Colleges falling in a particular territorial area as mentioned in the different Acts stood automatically deaffiliated from Punjab University and got affiliated to one of the aforesaid newly incorporated Universities. It cannot be said that the existing Colleges could insist that they must remain affiliated to the Punjab University as it was a well-reputed University and the students would be prejudiced by getting degrees from the new Universities which were comparatively unknown.
8. The above point can be looked from another angle. Supposing the management of a particular College violates certain conditions of affiliation of a University and on that ground is disaffiliated by the University and if it is permissible, it gets affiliated to another University. Can the students of the College maintain that despite the management of the college having violated certain conditions of affiliation must remain affiliated to that University and should not get affiliated to another University. The answer has to be in the negative. Accordingly, it is possible either by a Legislative fiat or by the illustration given above that one College which is affiliated to a particular University at one time may get affiliated to another University later on. The argument that during the duration of the course of a particular student the College must remain affiliated to a particular University has to be negatived. It cannot be said that for the existing students, the College will remain affiliated to the old University whereas for the new students who may be admitted after the enforcement of the Act the College will be deemed to be affiliated with the new University. One College cannot be affiliated to two Universities at a given time.
9. So far as the argument that the University is not recognised by the All India Council for Technical Education, we have not been shown any Regulation where the University as such is to be recognised. It is the Courses or the Colleges which impart technical education which arc required to be recognised by the Council. The University so far is not running any Course or College in Bachelor of Engineering and Technology. The University has already been recognised by the University Grants Commission as well as the Association of the Indian Universities.
10. So far as the Legislative competence of the State of Haryana is concerned, under Schedule VII, List III, Entry 25, the State Legislature is fully competent to legislate regarding technical education, medical education and Universities. The present Act nowhere impinges on the domain of the Parliament as envisaged by Entries 64, 65 and 66 of List I already reproduced above. The bare reading of the Entries 64, 65 and 66 would make it clear.
11. The Act itself has taken care of as what is to happen during the transitory period. The provisos (i) and (ii) to S. 4(3) of the Act makes it clear that any student of any college who is admitted to other University before the commencement of the Act would be permitted to complete his course of studies in that college and the new University i.e. G.J.U. would hold examination in accordance with the curricula of studies in force in the old University. This means that the student who is already studying in a College affiliated to Kurukshetra University, his curricula would not change, only the new University will hold the examination according to the curricula of the old University. Proviso (ii) further makes a provision that if G.J.U. is not in a position to hold the examination, such student would be admitted to the examination of the old University and would be conferred the degree by that University. This means that the old students have not been left high and dry and specific provisions have been made to coyer all the eventualities.
12. For the foregoing reasons, we find no merit in these writ petitions, which are hereby dismissed.
13. Petitions dismissed.