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Section 16 states that the Commissionerate shall be guided by such directions issued by the Government on ques- tions of policy relating to State purposes or in case of any emergency as may be given to it by the Government. Section 18 confers power to the Government to make rules to carry out all or any of the purposes of the Act. Section 19 provides power to the Commissionerate to make regulations consistent with the Act and the rules made thereunder. The sole contention of Dr. Chitale, learned counsel for the appellant is that the Commissionerate Act is just a duplicate of the University Grants Commission Act ("The UGC Act") and the State has no legislative power at all to enact it, since it squarely falls under Entry 66 List I. But the contention of Mr. Krishnamurthy Iyer, learned counsel for the State of Andhra Pradesh, is to the contrary. While supporting the judgement of the High Court, he submitted that the enactment in pith and substance falls within Entry 25 of List III and not under Entry 66 of List I of the Seventh Schedule. For proper consideration of the conten- tions we may set out these two Entries:

Since it was argued that both these enactments are in parimateria, it will be useful to compare the UGC Act with the corresponding provisions of the Commissionerate Act by keeping them side by side:

U.G.C. Act, 1956 The Commissionerate Act
1. Statement of Objects and reasons:
"The Constitution of India In order to bring a change vests Parliament with in the higher education exclusive authority in system in the State so as regard to Co-ordination to make the courses of and determination of study more relevant to the standards in institutions needs of the modern society for higher education or and to provide opportu- research and scientific nities of earning and and technical instituti- learning simultaneously ons. It is obvious at college level to all the that neither coordination students in the State, a nor determination of four man committee was standards is possible appointed in February, 1986 unless the Central by the State Government to Government has some voice study the higher education in the determination of system in the State with standards of teaching special reference to curri- and examination in cula and courses of studies, Universities, both old Finance and Management in and new. the Higher Education system.

We have extracted only such of the provisions similar to those contained in the UGC Act. That is not all. The Commis- sionerate Act yet contains sweeping provisions encroaching on the autonomy of the Universities. Under Section ll(1)(c) it is for the Commissionerate to decide on the need for, and location of new colleges and courses of study including Engineering Colleges. Section 11(1)(f) provides power to the Commissionerate to establish and develop resources centre for curriculuam materials and continuing education of teach- ers. Section 11(1)(g) confers power on the Commissionerate to coordinate the academic activities of various institu- tions of higher education in the State. It is also the duty of the Commissionerate to undertake examination reforms and assume accreditation functions [Section 11(1)(h) & (i)]. Section 11(1)(j) states that it is the duty of the Commis- sionerate to organise entrance test for University admis- sion. Section 11(1)(k) states that it shall administer and grant scholarship and organise work study programmes. Sec- tion 11(1)(0) provides power to transfer teachers from one aided private college to another such college, subject to the rules made by the Government. There is yet a devastating provision on the autonomy of Universities. section 11(2) states that every University or College including the pri- vate college shall obtain the prior approval of the Commis- sionerate in regard to: (i) creation of new posts; (ii) financial management; and (iii) starting of new higher educational institutions. This 'Super Power' has been pre- served to the Commissionerate notwithstanding anything contained in any law relating to Universities in the State, the Board of Intermediate Education Act, 1971 and the Andhra Pradesh Education Act, 1982. It will be seen that the Commissionerate has practically taken over the academic programmes and activities of the Universities. The Universities have been rendered irrelevant if not non-entities.

It is apparent from this discussion that the Commission- erate Act has been drawn by and large in the same terms as that of the U.G.C. Act. The Commissionerate Act, as we have earlier seen also contains some more provisions. Both the enactments, however, deal with the same subject matter. Both deal with the co-ordination and determination of excellence in the standards of teaching and examination in the Univer- sities. Here and there, some of the words and sentences used in the Commissionerate Act may be different from those used in the UGC Act, but nevertheless, they convey the same meaning. It is just like referring the same person with different descriptions and names. The intention of the legislature has to be gathered by reading the statute as a whole. That is a rule which is now firmly established for the purpose of construction of statutes. The High Court appears to have gone on a tangent. The High Court would not have fallen into an error if it had perused the UGC Act as a whole and compared it with the Commissionerate Act or vice- cersa.