Judgement

JAGANNATHA SHETTY, J.:- This appeal on a certificate raises a short but an important question as to the Constitutional validity of the Andhra Pradesh Commissionerate of Higher Education Act, 1986 (Act No. 26 of 1986) (called shortly "The Commissionerate Act"). The question is whether the encatment falls within entry 66, List I or entry 25, List III-Concurrent List of the Seventh Schedule to the Constitution. The High Court of Andhra Pradesh has upheld its validity by holding that the Act falls under the latter entry, but granted a certificate for leave to appeal to this Court under Art. 133(1) of the Constitution.

2. The said Act was enacted on the basis of the recommendations of a high power committee constituted by the State Government to study the higher education system in the State of Andhra Pradesh with special reference to its curricula, courses of study, finance and management. The Committee in its report submitted to the Government observed, inter alia, that there is no proper co-ordination and academic planning among the various bodies like Universities, Directorate of Higher Education and University Grants Commission etc. There is no policy perspective in the development of higher education system. The Committee said that in order to streamline the general working and oversee the development of higher education in the State, there is need to constitute a Commission to advise the Government in that matter.

3. The Government appears to have accepted the said report of the Committee. That is obvious from the Preamble to the Commissionerate Act. It states that "Act is to provide for the Constitution of a Commissionerate to advise the Government in matters relating to Higher Education in the State and to oversee its development with perspective planning and for matters connected therewith and incidental thereto."

4. Section 2(e) defines "Higher Education" to mean intermediate education and education leading to a degree or postgraduate degree including professional and technical education.

5. Section 2(c) defines "Commissionerate" to mean the Andhra Pradesh Commissionerate of Higher Education constituted under sub-sec. (1) of S. 3. Thereunder, the Commissionerate has been constituted as a Corporate body. The composition of the Commissionerate is provided under S. 4. The Commissionerate shall consist of Chairman, Vice-Chairman and not more than 10 members [S. 4(1) ]. The Chairman and the Vice-Chairman shall be appointed by the Government [S. 4(2) ]. Of the ten members of the Commission, three are Secretaries to the Government : Education Secretary, Labour Secretary and Finance and Planning Secretary. Four of them shall be representing Professors and Vice-Chancellors of any of the Universities in the State. One shall represent industry and commerce, and another shall represent engineering or legal or medical education. The last one shall be a distinguished educationalist. All these persons are to be appointed only by the Government. The Chairman and Vice-Chairman shall be whole time and salaried persons and their terms and conditions are provided under S. 5(1).

6. Section 9 gives overriding effect and power to the Commissionerate over all other authorities and bodies connected with the Higher Education in the State. Section 9(1) provides :

"With effect on and from the Constitution of the Commissionerate under S. 3 and notwithstanding anything contained in the Andhra Pradesh Intermediate Education Act, 1971, and the Andhra Pradesh Education Act, 1982, the Director of Higher Education, the Secretary, Board of Intermediate Education and the Secretary to the Board of Technical Education shall function under the administrative control of the Commissionerate."

7. Section 9(2) provides power to the Government to appoint a Secretary to the Commissionerate. Rest of the Officers and employees are to be appointed from time to time by the Commissionerate but with the previous approval of the Government.

8. The Central power of the Co