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2024 Supreme(SC) 851

B. R. GAVAI, K. V. VISWANATHAN
Khalsa University – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Ashok K. Mahajan, AOR
For the Respondent(s): Mr. Shadan Farashat, A.A.G. Mr. Siddhant Sharma, AOR Mr. Abhishek Babbar, Adv. Mr. Ravinder Agarwal, AOR

Judgement Key Points

What is the legality of enacting a single-entity law as a differential treatment under Article 14 of the Constitution?

What conditions justify singling out a single institution or entity for special legislation under Article 14, including considerations such as special circumstances, emergent situations, and parliamentary debates?

What is the standard of review for manifest arbitrariness under Article 14 in the context of a repeal Act affecting a private university, and when can such an act be struck down?


JUDGMENT :

B.R. GAVAI, J.

1. Leave granted.

2. The present appeal challenges the final judgment and order dated 1st November 2017 passed by the Division Bench of the High Court of Punjab and Haryana at Chandigarh in C.W.P. No. 17150 of 2017 (O&M), whereby the High Court dismissed the writ petition filed by the appellants inter-alia seeking a writ in the nature of certiorari praying for quashing “The Khalsa University (Repeal) Act 2017” dated 17th July 2017.

FACTS:

3. The facts giving rise to this appeal lie in a narrow compass.

3.1. In the year 2010, the State of Punjab framed the Punjab Private Universities Policy, 2010.1 [Hereinafter referred to as the “2010 Policy”]

3.2. The Khalsa College Charitable Society, Amritsar2 [Hereinafter referred to as the “Khalsa Society”] (appellant No. 2 herein), which was in existence since 1892, submitted a proposal to the State Government for setting up a self-financing University in the State of Punjab on the basis of the 2010 Policy.

3.3. On 5th March 2011, the Higher Education Department, Government of Punjab, after examining the proposal, issued a Letter of Intent to Khalsa Society for establishing and running the Khalsa University, Amritsar.3 [He

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