2005 Supreme(SC) 1158

2005(6) Supreme 193
Supreme Court of India
(From Chhattisgarh High Court)
R.C. Lahoti, CJI, G.P. Mathur & P.K. Balasubramanyan, JJ.
Rai University —Petitioner
versus
State of Chhattisgarh and Ors. —Respondents
Special Leave Petition (C) No. 10506 of 2005
With
Writ Petition (Civil) No. 267 of 2005
With
IAs No. 11-12, 8, 9, 14, 15, 16, 17, 18, 19 and 22 of 2005
In
Writ Petition (Civil) No. 19 of 2004
And
Special Leave Petition (Civil) No. 16520 of 2005
All decided on 7-9-2005
Counsel for the Parties :
For the Appearing Parties : Rakesh Dwivedi, (A.C.), G.L. Sanghi, Mukul Rohtagi, Dushyant Dave, Sr. Advocates, Ms. B. Vijayalakshmi Menon, Ms. Anuradha Dutt, Ms. Chandan Ramamurthi, Prashant Kumar, Ms. Santosh Singh, Ms. Suparna Srivastava, Ms. Deepti Singh, Rajesh Srivastava, Ms. Vibha Datta Makhija, Advocates.

Important point
The territorial jurisdiction of the Chhattisgarh State Universities being confined to districts which are within the State of Chhattisgarh, the institutions of the Rai University, if otherwise eligible, may apply and seek affiliation with any other university which has jurisdiction over the area where the institution is functioning.

Headnote:(i) Chhattisgarh Niji Kshetra Vishwavidyalaya (Sthapana Aur Viniyaman) Adhiniyam, 2002—Chhattisgarh Vishwavidyalaya Adhiniyam, 1973—Sections 7(1), 36—Statute No. 27(A) made u/s 36—Affiliation of Rai University—Territorial jurisdiction of the Existing State University—Provisions of Statute 27(A)(5) confining jurisdiction of Pt. Ravishankar Shukla Vishwavidyalaya, Raipur and Guru Ghasidas Vishwavidyalaya Bilaspur, two State Universities functioning in Chhattisgarh to districts which are within the State of Chhattisgarh—Rai University, established under the provisions of the Act, filed writ petition challenging provisions of Statute 27(A)(5)—University had established 19 study centres in various places in the country like Pathankot, Delhi, Pune, Bangalore, Kochi, Mumbai etc.—They cannot get affiliation to a State University in Chhattisgarh—Petitioner’s submission that to protect the interest of students who were studying in the institutions established, all the study centres should get facility of affiliation to a State University in Chhattisgarh—Whether validity of Statute 27(A)(5) can be assailed by the petitioner—(No)—Institutions of erstwhile private universities, if otherwise eligible, may apply and seek affiliation with any other university which has jurisdiction over the area where the institution is functioning.

       Held : The Second Schedule to the Act gives the territorial jurisdiction of Pt. Ravishankar Shukla Vishwavidyalaya, Raipur, and Guru Ghasidas Vishwavidyalaya, Bilaspur, which are the two State universities functioning in Chhattisgarh. The territorial jurisdiction of these universities is confined to districts which are within the State of Chhattisgarh. In view of this clear provision of the Adhiniyam, no statute can be made which may permit affiliation of any institution or college to a State university in Chhattisgarh if the said institution or college is situate outside the State of Chhattisgarh. The validity of the impugned statute, therefore, cannot be assailed on the ground urged by learned counsel for the petitioner. (Para 8)

       At the time of hearing of the writ petition filed by Prof. Yashpal, it was not brought to the notice of the Court that the private universities had established large number of study centres at various places all over the country. We, therefore, consider it proper to clarify that while making the aforesaid observation, it was not meant that affiliation must necessarily be sought only with an already existing State university in Chhattisgarh. The institutions of the erstwhile private universities, if otherwise eligible, may apply and seek affiliation with any other university which has jurisdiction over the area where the institution is functioning and is empowered under the relevant Rules and Regulations and other provisions of law applicable to the said university to grant affiliation. The decision on the application may be taken expeditiously in the interest of study community and there should be no prolonged uncertainty about their future. (Para 10)

       The study centres of erstwhile Rai University which are outside the State of Chhattisgarh may take appropriate steps for their affiliation in the light of the clarification made above and the letter dated 23rd March, 2005 of the Chairman of Chhattisgarh Niji Kshetra Vishwavidyalaya Regulatory Commission. (Para 11)

       (ii) Chhattisgarh Niji Kshetra Vishwavidyalaya (Sthapana Aur Viniyaman) Adhiniyam, 2002—Chhattisgarh Vishwavidayalaya Adhiniyam, 1973—Section 36—Statute No. 27(A)(5)—Validity—Application moved by Mewar University, a private university—Applicant’s claim that it is running two institutes, one in Ghaziabad (State of UP) and other at Chittorgarh (State of Rajasthan)—Prayer made for direction to State of Chhattisgarh to ensure affiliation of the students, who are studying in these institutes—Whether, considering that the institutes are located outside the State of Chhattisgarh, any such direction can be issued to the State of Chhattisgarh—(No)—It is open to the institutes, if otherwise eligible, to seek affiliation with any other university which has jurisdiction. (Para 17)