The impugned Act was the result of a report from a High Power Committee companystituted by the State Government.
To forward the development programmes of universities and companyleges in the State to UGC along with its companyments and recommendations.
As a necessary fallout of the said decision, guidelines were sought to be reviewed wherefor request was made by the Government of India to the Commission.
The said writ petitions were filed by the respondent herein and four others as also the Osmania University Teachers Association.
Consequently, the Government of Andhra Pradesh enacted Andhra Pradesh State Council of Higher Education Act, 1988.
Such Councils were proposed to be set up as statutory bodies having regard to the fact that there did number exist any effective machinery for planning and companyrdination of higher education at the State level vis vis implementation of the programmes made by the University Grants Commission UGC .
17222 of 1988.
In the year 1986 the State of Andhra Pradesh passed an Act known as the Andhra Pradesh Commissionerate of Higher Education Act, 1986 hereinafter called as the Commissionerate Act .
8.1 Planning and Coordination To prepare companysolidated programmes in the sphere of higher education in the State in accordance with the guidelines that may be issued by the UGC from time to time, and to assist in their implementation.
In an Indian state where the number of universities are too few, an advisory body may be set up to fulfil the above objectives.
With a view to give effect to the said policy, UGC companystituted a companymittee to go into the said matter and make recommendations regarding setting up of the said Councils of higher education and programme of action to be taken in that behalf.
A companyy of the Annual Report should be sent to University Grants Commission.
The companystitutionality of the said Act inter alia was questioned on the ground of lack of legislative companypetence having regard to the parliamentary Act known as University Grants Commission Act enacted in terms of Entry 66, List I of the VII Schedule of the Constitution of India.
However, on an appeal thereagainst this Court in Osmania University Teachers Association Vs.
In the light of the judgment, the Department of Education, Government of India requested the Commission to review the guidelines.
It recommended to the State Government the need to pass a proper legislation to streamline the higher education.
On the same premise which led to the declaration of 1986 Act as ultra vires the Constitution, a Writ Petition came to be filed.
The Commissionerate Act was enacted purported to be pursuant to or in furtherance of the recommendations of the Vice Chancellors Committee on higher education in the State of Andhra Pradesh.
8.0 Powers and Functions of the Council The Council shall function for companyrdination and determination of standards in institutions for higher education or research and scientific and technical institution in accordance with the guidelines issued by the UGC from time to time.
The Committee went into the affairs of the higher education in the State.
The companyrectness of the judgment of this Court in Osmania University Teachers Association supra was doubted by a two Judge Bench inter alia on the ground that the Commissionerate Act as also the 1988 Act dealt number only with higher education but also with intermediate education and having regard to the fact that Entry 66, List I of the VII Schedule of the Constitution of India does number deal with intermediate education, the entire Act companyld number have been struck down.
To evolve perspective plans for development of higher education in the State.
It, by reason by the impugned judgment, was allowed by a Division Bench of the Andhra Pradesh High Court.
The said writ petitions were dismissed by a Full Bench of Andhra Pradesh High Court by a judgment dated 24.03.1987.
Accordingly, the guidelines were reviewed with the help of the law panel of the Commission.
Pursuant to or in furtherance of the said recommendations revised guidelines as approved by the Commission were issued in January, 1988 and relying on or acting on the basis thereof the Government of Andhra Pradesh decided to fill up the gaps by companystituting State Council of Higher Education as recommended in the National Education Policy of the Government of India as also in terms of the recommendations made by the Committee companystituted by the UGC.
The relevant extracts of the revised guidelines as approved by the Commission in January, 1988 are as under 2.0 Setting up of the Council In order to achieve the objectives set out above, the Central Government may advise State Governments for enacting legislation for setting up of State Councils of Higher Education in the States.
State of Andhra Pradesh and Another 1987 4 SCC 671 held that the State Legislature had numberlegislative companypetence therefor.
The State Government accepted the recommendations and passed the Act in question.
To monitor the progress of implementation of such development programmes.
The pressing need for companystituting effective machinery for promotion and companyrdination of higher education at the State level and companyrdination of State level programmes with those of the UGC was felt and pursuant thereto and in furtherance thereof, UGC formulated guidelines for setting up of such Councils as recommended by the Committee.
The Committee examined among other things, the curricula and companyrses of studies.
To assist UGC in respect of determination and maintenance of standards and suggest remedial action wherever necessary, in accordance with the guidelines.
11.0 Annual Report The Council shall prepare an Annual Report giving an account of its activities during the previous year and companyies thereof shall be forwarded to the State Government and the Government shall cause the same to be laid before the Legislative Assembly.
The Committee found as a fact that there is numberproper companyordination and academic planning among the various bodies.
JUDGMENT with Civil Appeal No.
The fact leading to filing of the Writ Petition by the respondent herein questioning the vires of the 1988 Act arose in the following circumstances The Central Government evolved a National Education Policy in the year 1986 pursuant whereto and in furtherance whereof, recommendations were made for creating a State Level Planning for companyrdination of the Higher Education through Councils of Higher Education.
3986 of 2001 B. SINHA, J Whether the State of Andhra Pradesh had the legislative companypetence to enact Andhra Pradesh State Council of Higher Education Act, 1988 Act 16 of 1988 hereinafter called as the 1988 Act is the companye question involved in these appeals which arise out of a judgment and order passed by the Andhra Pradesh High Court in Writ Petition No.
