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15. Once we take this view on the plain reading of
the scheme, it would be necessary for us to take stock
of the subsequent arguments of Mr. Rao regarding
Entry 66 in List I vis-a-vis Entry 25 in List III. In our
opinion, the communications, even if they could be
WP-2093-2011 group
heightened to the pedestal of a legislation, or as the
case may be, a policy decision under Article 73 of the
Constitution, they would have to be read as they
appear and a plain reading is good enough to show
that the Central Government or as the case may be
UGC also did not introduce the element of compulsion
vis-a-vis the State Government and the universities.
We, therefore, do not find any justification in going to
the entries and in examining as to whether the scheme
was binding, particularly when the specific words of
the scheme did not suggest it to be binding and
specifically suggest it to be voluntary."