Important point
A statutory authority, it is well known, must act within four-corners of the statute. A’fortiori it has to operate within boundaries of territories within which it is to operate under statute.

Headnote:Uttar Pradesh State Universities Act, 1973 – Section 4(1-A) – Issuance of notification u\s 4(1-A) for constitution of Mahatma Jyotiba Phule Rohilkhand University – Proposal for starting a new course in distance education by said university – Rejected by order passed by chancellor – Writ petition by appellants – Dismissed by High Court on ground that in absence of first ordinance issued by State, initiation of distance education programme was illegal - Even though for all intent and purport requirements of law for making an ordinance by Executive Council of University had been done pursuant whereto new courses could be opened – However contention that such study centres could be permitted to be operated beyond territorial jurisdiction of University held unacceptable - In terms of Schedule appended to Act, territorial jurisdiction of University was confined only to seven districts, Nainital not being one of them - Each University in the country which is recognized under the University Grants Commission Act must have their own territorial jurisdiction save and except for the Central Universities or specified in Legislative or Parliamentary Act - It was one thing to say that University takes recourse to correspondence courses for conferring degrees or diplomas but it would be another thing to say that study centres would be permitted to operate which requires close supervision of University - In a study centre, teachers are appointed, practical classes are held and all other amenities which are required to be provided for running a full-fledged institution or college are provided - Such an establishment, although named as a study centre, and despite fact that course of study and other study materials were supplied by University could not be permitted to be established beyond territorial jurisdiction of University - A statutory authority, it is well known, must act within four-corners of the statute - A’fortiori it has to operate within boundaries of territories within which it is to operate under statute - Such territorial jurisdiction of University must be maintained as otherwise a chaos would be created - Study centres of appellants being situated in Nainital, held beyond territorial jurisdiction of respondent university – Appeal having no merit dismissed. (Paras 17 to 23)
       2006 (11) SCALE 108 relied upon.
       Facts of the case :
       A notification was issued herein in the instant case u\s 4(1-A) for constitution of Mahatma Jyotiba Phule Rohilkhand University. Proposal for starting a new course in distance education by said university was rejected by order passed by chancellor. Writ petition there against by appellants was dismissed by High Court on ground that in absence of first ordinance issued by State, initiation of distance education programme was illegal.
       Present appeal has been filed against said order of High Court.
       Findings of the Court:
       The Court held that even though for all intent and purport requirements of law for making an ordinance by Executive Council of University had been done pursuant whereto new courses could be opened. However contention that such study centres could be permitted to be operated beyond territorial jurisdiction of University was held unacceptable. In terms of Schedule appended to Act, territorial jurisdiction of University was confined only to seven districts, Nainital not being one of them. In a study centre, teachers are appointed, practical classes are held and all other amenities which are required to be provided for running a full-fledged institution or college are provided. Such an establishment, although named as a study centre, and despite fact that course of study and other study materials were supplied by University could not be permitted to be established beyond territorial jurisdiction of University. A statutory authority, it is well known, must act within four-corners of the statute. A’fortiori it has to operate within boundaries of territories within which it is to operate under statute. Such territorial jurisdiction of University must be maintained as otherwise a chaos would be created. Study centres of appellants being situated in Nainital, held beyond territorial jurisdiction of respondent university.
       Result: Appeal dismissed.

judgment

S.B. SINHA, J. —

1. Leave granted.

2. Kurmanchal Institute of Degree and Diploma is a study centre. It is recognized by Mahatma Jyotiba Phule Rohilkhand University (for short “the University”). It was constituted in the year 1975 by issuance of a notification under Section 4(1-A) of the Uttar Pradesh State Universities Act, 1973 (for short “the Act”) The State, however, is yet to make the first ordinance for the University.

3. Section 5 of the Act deals with territorial exercise of powers providing that the powers conferred on each University shall be exercisable in respect of the area for the time being specified against it in the Schedule. The University is to exercise its jurisdiction within the limits of districts Badaun, Bareilly, Bijnor, Jyotiba Phule Nagar, Moradabad, Pilibhit, Rampur and Shahjahanpur in terms of Entry 7 of the Schedule appended to the Act.

4. The Executive Council of the University was constituted in terms of Section 51 of the Act. The power to make ordinance is contained in Section 51 of the Act, clauses (a), (b) and (h) of Section 51(2) whereof read as under:

“(2) Without prejudice to the generality of the provisions of sub-Section (1), the Ordinance shall provide for the following matters, namely —

(a)the admission of students to the University and their enrolment and continuance as such;

(b)the courses of study to be laid down for all degrees, diplomas and other academic distinctions of the University;

xxx xxx xxx

(h)all matters relating to correspondence courses and private candidates;”

5.Section 52 of the Act provides for the manner in which the ordinance is to be made. Sections 52(2) and 52(2-A) of the Act read as under:

“(2) The First Ordinances of the Universities of Kumaun and Garhwal and of any other University to be established after the commencement of this Act shall be made by the State Government by notification in the Gazette, (2-A) Until the First Ordinances of the Purvanchal University are made under sub-section (2), the Ordinances of the University of Gorakhpur, as in force immediately before the establishment of the said University, shall apply to it subject to such adaptations and modifications as the State Government may, by notification, provide.”

6. We may at this stage notice the facts of the case.

In its meeting on 1.07.2003, the Academic Council granted permission to start ‘distance education’. By a letter dated 17.07.2003, the Vice-Chancellor of the University sought permission to start courses through Distance Education. On 1.08.2003, the Registrar of the University sent a letter to the Personal Secretary of the Chancellor enclosing therewith a copy of the draft ordinance for launching Degree, Diploma and Certificate Courses through distance education for obtaining his approval. The Ordinances governing Distance Education programme were framed in exercise of the power conferred under Section 52 of the Act. The Registrar of the University by a letter dated 27.08.2003 sought permission from the Principal Secretary, Higher Education to start the distance education programme. A letter dated 20.01.2004 was issued from the Office of the Chancellor to the Principal Secretary, Higher Education, State of U.P. wherein it was stated:

“As per section 42(2) of the Uttar Pradesh State University Act there is provision of notification of the first ordinance of the University by the Government, but the first ordinance of Mahatma Jyotiba Phule Rohilkhand University has not been notified by the Government till now.

Therefore, in the circumstances mentioned above by sending the photo copy (with annexures) of the ordinance of Mahatma Jyotiba Phule Rohilkhand University on the above cited subject I am directed to state that after examining, the said ordinance may be included in the first ordinance of Mahatma Jyotiba Phule Rohilkhand University and take necessary action.”

7. On 24.02.2004, a letter was sent by the Joint Secretary, Higher Education I, U.P. Government, to the Registrar of the

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2007 Supreme(SC) 798

2007(5) Supreme 376Supreme Court of IndiaS.B. Sinha & Markandey Katju, JJ.Kurmanchal Inst. Of Degree & Diploma & Ors. — AppellantsversusChancellor, M.J.P. Rohilkhand Univ. & Ors. — RespondentsAppeal (civil) 2698 of 2007Decided on : 17-05-2007

Important point A statutory authority, it is well known, must act within four-corners of the statute. A’fortiori it has to operate within boundaries of territories within which it is to operate under statute.

Cases Referred (1)

2007(5) Supreme 376
Supreme Court of India
S.B. Sinha & Markandey Katju, JJ.
Kurmanchal Inst. Of Degree & Diploma & Ors. — Appellants
versus
Chancellor, M.J.P. Rohilkhand Univ. & Ors. — Respondents
Appeal (civil) 2698 of 2007
Decided on : 17-05-2007

Important point
A statutory authority, it is well known, must act within four-corners of the statute. A’fortiori it has to operate within boundaries of territories within which it is to operate under statute.