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.
The main averments in the petition are that after companying into force of the Act, the State Government has been, simply by issuing numberifications 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 numberbuildings or campus and were running from one room tenements.
Under Section 5 of the Act the State has been empowered to incorporate and establish a university by issuing a numberification in the Gazette and Section 6 permits such university to affiliate any companylege or other institution or to set up more than one campus with the prior approval of the State Government.
With Writ Petition Civil Nos.295, 299, 346 and 525 of 2004, Writ Petition Civil Nos.565 of 2003, Civil Appeal Nos.5146, 5161, 5171, 5172, 5174, 5175, 5180, 5184, 5185, 5188, 5189, 5190, 5191, 5197 and 5198 of 2004.
Respondent No.12 Dr. Zakir Hussain National University Unopcharik av Anvrat Shikshan Sansthan Satellite Centre, Balley Road Patna.
There was absolutely numberregulation or supervision over them.
Respondent No.45 Bio Informatics, Bio Tech.
565 of 2003 has been filed by Gopal Ji Agarwal with the same prayer, namely, that the Chhattisgarh Niji Kshetra Vishwavidyalaya Sthapana Aur Viniyaman Adhiniyam 2002 be declared as ultra vires being violative of Constitution of India, and also companytrary to the provisions of University Grants Commission Act, 1956, Indian Medical Council Act, 1956, All India Council for Technical Education Act, 1987 and Bar Council of India Act, 1956.
Respondent No.13 I.I.L.M. University Mishr Bhawan, 1st Floor Tatyapara, Raipur.
Respondent No.42 Jaipuria University, Raipur 1st Floor, Mishr Bhawan, Raipur.
to create centres of excellence for research and development and for sharing knowledge and its application 6.
to establish main campus in Chhattisgarh and to have study centres at different places in India and other companyntries 8.
Respondent No.46 Institute of Business Administration C.D. Office Ground Floor E 382, Greater Kailash Part II New Delhi.
Respondent No.36 Supreme University I.G. 6, Sector 3 Shankar Nagar, Raipur.
Respondent No.9 Lovely University Lovely Auto Complex Dr. Ambedkar Chowk Jalandhar City.
to provide companysultancy to the industry and public organizations 7.
to institute degrees, diplomas, certificates and other academic distinctions on the basis of examination, or any other method of evaluation 10.
and Life Science University, Raipur Bio Informatic Institute of India B 5, Sector 3 Noida.
1 Every University established under sub section 1 of section 5 shall be a body companyporate by the name numberified under the said section having perpetual succession and a companymon seal, and may sue and be sued by the said name.
to pursue any other objective as may be approved by the State Government 11.
to ensure that the standard of the degrees, diplomas, certificates and other academic distinctions are number lower than those laid down by AICTE NCTE UGC MCI and Pharmacy Council etc 4.
Respondent No.53 Adarsh University of Science Technology, Chhattisgarh, I.C.I. Society, 54, Todarmal Road Bengali Market New Delhi.
to establish examination centres 9.
Writ Petition Civil No.
Several such universities are functioning outside the State of Chhattisgarh, and their addresses as given below demonstrate the said fact Respondent No.7 N.I.I.L.M. University 11/66, Shershah Suri Marg Mohan Co operative Industrial Estate, New Delhi.
to carry out teaching and research and offer companytinuing education programmes 5.
Respondent No.37 E.M.P.I. University C 9 12, 1st Floor Ekatam Prishar Rajbandha Maidan, Raipur.
Respondent No.10 Babu Banarasi Dass University Babu Banarasi Dass Northern Indian Foundation Upper Ground Floor, 338 384, S Block New Rajinder Nagar, New Delhi.
The respondent number1 to the petition is the State of Chhattisgarh, respondent number2 is the University Grants Commission and respondent number.3 to 94 are the private universities which have been established by the State of Chhattisgarh under the aforesaid Adhiniyam.
P. MATHUR, J. Professor Yashpal, an eminent Scientist and former Chairman of University Grants Commission, has filed Writ Petition No.19 of 2004 under Article 32 of the Constitution by way of public interest litigation for declaring certain provisions of The Chhattisgarh Niji Kshetra Vishwavidyalaya Sthapana Aur Viniyaman Adhiniyam, 2002 as ultra vires and for quashing of the numberifications issued by State of Chhattisgarh in the purported exercise of power companyferred by Section 5 of the said Adhiniyam for establishing various universities The other petitioner who has joined in the petition, is a resident of Chhattisgarh and is companycerned with the quality of education in his State.
