Karnataka High Court
T.V.M. College Of Pharmacy, Bellary vs Gulbarga University on 30 October, 1998
Equivalent citations: 1999(5)KARLJ400
ORDER
1. The petitioner-Institution is conducting degree courses in Pharmacy. Earlier it was affiliated with the respondent-Gulbarga University constituted under the Karnataka State Universities Act, 1976 ("the State Universities Act", in short). The present writ petition has been filed for quashing of the notification dated 28-10-1997 issued by the University (Annexure-A) requiring the petitioner-Institution to file application for affiliation by paying a fee of Rs. 27,500/- as annual fee and another sum of Rs. 27,500/- for continuation of affiliation.
2. Sri L.M. Chidanandayya, learned Counsel appearing for the petitioner, has questioned the validity of the impugned notification at Annexure-A on the ground that after coming into force of the Rajiv Gandhi University of Health Sciences Act, 1994 (in short, "the Health Sciences University Act") with effect from 1-6-1996, all the colleges in the State of Karnataka imparting education in Health Sciences which includes Pharmacy have by operation of law been deemed to be admitted to the privileges of and affiliated to the University of Health Sciences and therefore the Universities established under the State Universities Act including the respondent-University cannot insist for any further affiliation and demand fee for the same.
3. On the other hand the learned Counsel for the respondent-University has submitted that since under Section 63 of the Health Sciences University Act the Universities are required to conduct examination of professional courses in respect of students who had been admitted to those colleges prior to 1-6-1996 and as per the decision held in a meeting dated 3-1-1997 attended to by Higher Education Minister, Education Secretary-II, Vice-Chancellors and/or Registrars of the respective Universities, the respondent-University is justified in issuing the impugned notification at Annexure-A.
4. Sections 5 and 63 of the Health Sciences University Act reads as under:
"5. Jurisdiction and admission to privileges.--(1) No college in the State of Karnataka imparting education in Health Sciences shall, save with the consent of the University and the sanction of the Government, be associated in any way with or seek admission to any privileges of any other University in India or abroad.
(2) Any such privilege enjoyed from other University before the appointed date by any Medical College or Institution of Health Science situated in the State shall be deemed to be withdrawn with effect from such date.
(3) With effect on and from the date of commencement of this Act, all colleges and autonomous Institutions of Health Sciences previously admitted to the privileges of or affiliated to the Universities of Mysore, Bangalore, Karnatak, Mangalore, Gulbarga and Kuvempu shall be deemed to be admitted to the privileges or affiliated to the University.
63. Saving as to certain examinations.--(1) Notwithstanding anything contained in this Act, the statutes, ordinances or the rules.--
(a) any student who immediately prior to the commencement of this Act was studying for a degree in Health Science of the Bangalore University, the Karnatak University, Gulbarga University, Mangalore University established under the Bangalore University Act, 1964, the Karnatak University Act, 1949, the Mysore University Act, 1956 and the Karnataka State Universities Act, 1976, in accordance with the regulations in force under those Acts, may until such examinations is provided by the University, be admitted to the examinations of the Universities of Bangalore, Karnatak and Mysore and Kuvempu University, Gulbarga University, Mangalore University and be conferred the degree in Health Science of the inter-Universities for which he qualifies on the result of such examination.
(b) if the Bangalore University, the Karnatak University or Mysore University, Gulbarga University or the Mangalore University or the Kuvempu University established under the Bangalore University Act, 1964, the Karnatak University Act, 1949, the Mysore University Act, 1956 and Karnataka State Universities Act, 1976 has held any examination the result of which has been published but the degrees relating thereto have not been conferred or issued or the result of any such examination has not been ' published by the said University, then such examination shall be deemed to have been held by the Bangalore University, the Karnatak University or the Mysore University, Kuvempu University, Gulbarga University and Mangalore University".
5. From a reading of the aforesaid provisions it is quite clear that as per the scheme devised by the Legislature, with effect from 1-6-1996 all the colleges in the State of Karnataka imparting education in Health Sciences can remain affiliated only with the Health Sciences University and they will have no affiliation with any other University. But for administrative convenience, a special provision has been made under Section 63 permitting for conduct of examinations and awarding of degrees in respect of the students who had been admitted to the various courses relating to Health Sciences prior to 1-6-1996. This arrangement under Section 63 is not dependent of the colleges being affiliated to the Universities constituted under the State Universities Act.
6. Under Section 25(2)(g)(iv) of the State Universities Act, the Syndicate can prescribe charges and fee for affiliation of colleges but such charges can be levied only if the concerned University is competent to affiliate a particular college and not otherwise. Section 64 of the Health Sciences University Act specifically provides that the provisions thereof will have a overriding effect over other cognate enactments on the subject.
7. In the above view of the matter since under the Health Sciences University Act, colleges imparting education in Health Sciences can be affiliated only with the Health Sciences Universities, therefore there cannot be any occasion for their affiliation with other Universities. Accordingly, the other Universities, though in law, may be bound to hold examinations and impart degrees to certain sections of students, but for that reason they cannot insist for double affiliation of the colleges and charging of fees therefor.
8. It is clarified that the decision taken in the meeting dated 3-1-1997 held by the Higher Education Minister with State's Education Secretary and the Vice-Chaneellors/Registrars of the respective Universities is absolutely inconsequential. It is for the reasons that (i) the decision is per se contrary to the statutory provisions, and (ii) Education Minister or the Secretary (Education) has no authority under the respective University Acts, to participate in any such deliberations.
9. Anyhow it is clarified that so far as the necessary charges for conducting examinations like of examination fee etc., are concerned, the respective Universities will be entitled to levy the same in accordance with respective ordinances.
10. For the above said reasons, the writ petition is allowed and the impugned notification at Annexure-A is quashed. No order as to costs.