Judgment

G.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 notifications issued by State of Chhattisgarh in the purported exercise of power conferred 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 concerned with the quality of education in his State. The respondent No.1 to the petition is the State of Chhattisgarh, respondent No.2 is the University Grants Commission and respondent Nos. 3 to 94 are the private universities which have been established by the State of Chhattisgarh under the aforesaid Adhiniyam.

2. 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 unive