Back
1985 Supreme(Kar) 533
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
Prem Chand Jain and K. Sivasankar Bhat, JJ.
Bharatiya Veterinary Educational Society, Bangalore and others etc. etc. —Appellant
Vs.
State of Karnataka and another etc. —Respondent
Writ Petitions Nos. 12587, 14696 and 18238 of 1985
Decided on : 29-09-1985
Advocate appeared:
Mr. S.N. Murthy, H.S. Jois, for the Appellant
Mr. N. Devadas, Government Pleader, P. Viswanatha Shetty, for the Respondent
The State is competent to vest exclusive power to impart recognizable education in certain subjects, in its instrumentalities. Such a law would not offend the fundamental rights of anyone. Along with such a law a provision like S. 6A of the Act may be enacted without any constitutional inhibition thereto.
Headnote:
UNIVERSITY OF AGRICULTURAL SCIENCES ACT - S. 6A - VALIDITY - AFFILIATION OR ADMISSION TO PRIVILEGES ETC. - NO EDUCATIONAL INSTITUTION SITUATE WITHIN THE STATE OF KARNATAKA IMPARTING EDUCATION OF THE TYPE SPECIFIED IN SEC. 4 OR FOR THE PURPOSES SPECIFIED THEREIN SHALL BE ASSOCIATED IN ANY WAY WITH OR BE ADMITTED TO ANY PRIVILEGES OF AND AFFILIATED TO ANY OTHER UNIVERSITY OUTSIDE THE STATE OF KARNATAKA AND ANY SUCH AFFILIATION GRANTED BY ANY SUCH OTHER UNIVERSITY TO ANY SUCH INSTITUTION WITHIN THE STATE OF KARNATAKA PRIOR TO THE COMMENCEMENT OF THE UNIVERSITY OF AGRICULTURAL SCIENCES (AMENDMENT) ACT, 1985 SHALL BE DEEMED TO BE WITHDRAWN FROM THE DATE OF SUCH COMMENCEMENT - WHETHER OFFENDS ARTS. 14, 19(1)(A) AND (G) OF THE CONSTITUTION - WHETHER EXTRA-TERRITORIAL OPERATION - WHETHER LEGISLATURE HAD COMPETENCE TO ENACT - WHETHER STATE CAN VEST EXCLUSIVE POWER IN A UNIVERSITY TO IMPART EDUCATION IN A PARTICULAR SUBJECT - WHETHER STATE CAN PROHIBIT AN INSTITUTION IN THE STATE SEEKING AFFILIATION TO AN UNIVERSITY OUTSIDE THE STATE - WHETHER FUNDAMENTAL RIGHT TO IMPART EDUCATION INHERENT IN ART. 19(1)(A) AND (G) IS TAKEN AWAY BY S. 6A - WHETHER S. 6A HAS EXTRA-TERRITORIAL OPERATION - WHETHER LEGISLATURE HAD NO COMPETENCE TO ENACT IT.
Fact of the Case:
Bharatiya Veterinary Educational Society and three others (collectively referred to as 'the society' or as society and its co petitioners) filed W.P. N9. 12587/85 seeking to quash S. 6A of the University of Agricultural Sciences Act, 1963 (a State enactment - referred hereinafter as the Act'), by declaring the said section as unconstitutional. 102 petitioners, who are referred as the 'students', filed W.P. Nos. 14696 and 18238/1985 seeking a direction to the State Government to initiate an appropriate action against the society and the college., by invoking S. 27-A of the Karnataka Societies Registration Act, in the light of S. 6-A of the Act. They also sought provisions to be made to protect the interest of these and other similarly situated students: alter ' natively, they sought a direction to treat them as students of the 2nd respondent University for the purpose of their educational pursuits leading to the award of B.V.Sc. Degree/A.P.M. Degree, etc.
Finding of the Court:
The Court held that the State is competent to vest exclusive power to impart recognizable education in certain subjects, in its instrumentalities. Such a law would not offend the fundamental rights of anyone. Along with such a law a provision like S. 6A of the Act may be enacted without any constitutional inhibition thereto. The Court further held that the State is competent to legislate, prohibiting an institution in the State seeking affiliation to an University outside the State. Question of extra-territoriality does not arise because, impact of the Lawson the institution situated within the State. It is open to any one to establish and run an educational institution; but none has a fundamental right to seek affiliation or recognition by the University or the State Government. The legislature is competent to legislate vesting exclusive privilege with its instrumentality, like, the University, to establish and impart education in subjects like veterinary and agricultural sciences.
Issues: 1. Whether S. 6A of the University of Agricultural Sciences Act, 1963 is violative of Arts. 14, 19(1)(a) and (g) of the Constitution? 2. Whether S. 6A has extra-territorial operation? 3. Whether the legislature had competence to enact S. 6A?
Ratio Decidendi: 1. The Court held that S. 6A of the University of Agricultural Sciences Act, 1963 is not violative of Arts. 14, 19(1)(a) and (g) of the Constitution. The Court observed that the State is competent to vest exclusive power to impart recognizable education in certain subjects, in its instrumentalities. Such a law would not offend the fundamental rights of anyone. Along with such a law a provision like S. 6A of the Act may be enacted without any constitutional inhibition thereto. 2. The Court held that S. 6A of the University of Agricultural Sciences Act, 1963 does not have extra-territorial operation. The Court observed that the impact of the law is on the institution situated within the State. It is open to any one to establish and run an educational institution; but none has a fundamental right to seek affiliation or recognition by the University or the State Government. The legislature is competent to legislate vesting exclusive privilege with its instrumentality, like, the University, to establish and impart education in subjects like veterinary and agricultural sciences. 3. The Court held that the legislature had competence to enact S. 6A of the University of Agricultural Sciences Act, 1963. The Court observed that the State is competent to legislate, prohibiting an institution in the State seeking affiliation to an University outside the State. Question of extra-territoriality does not arise because, impact of the Lawson the institution situated within the State.
Final Decision: The Court dismissed W.P. No. 12587/1985 filed by the society. The Court partly allowed W.P. Nos. 14696 and 18238 of 1985 filed by the students and directed the society, its co-petitioners and the college to refund the amounts stated in paras 54 and 55 of the order to the respective petitioner-students with interest thereon at the rate of twelve per cent per annum from the date of the order till payment. The Court also directed the society, its co-petitioners and the college to pay a sum of Rs. 5,000/- each to the State and the University towards their costs of the proceedings and a sum of Rs.10,000 in all, to the student-petitioners.
Shivashankar Bhat, J.—W.P. N9. 12587/85 is by Bharatiya Veterinary Educational Society and three others (all of them are collectively referred hereinafter as 'the society' or as society and its co petitioners). W.P. Nos. 14696 and 18238/1985 are by 102 petitioners, who are referred as the 'students'. The first two respondents are common in these writ petitions. In the writ petitions filed by the students, the society is imp leaded as the 3rd respondent and the College in question is the 4th respondent..
2. The society seeks the quashing of S. 6A of the University of Agricultural Sciences Act, 1963 (a State enactment - referred hereinafter as the Act'), by declaring the said section as unconstitutional. In the writ petitions filed- by the students, they seek a direction to the State Government to initiate an appropriate action against the society and the college., by invoking S. 27-A of the 'Karnataka Societies Registration Act, in the light of S. 6-A of the Act. They also seek provisions to be made to protect the interest of these and other similarly situated students: alter ' natively, they seek a direction to treat them as students of the 2nd respondent University for the purpose of their educational pursuits leading to the award of B.V.Sc. Degree/A.P.M. Degree, etc.
3. The society states that in the year 1983 it established a veterinary college called 'Bharatiya Veterinary College' and has been running it ever since (as on the date of writ petition) with a, unique mission of transferring veterinary technology to the aspiring motivated and eligible candidates. It asserts as having highly qualified teaching staff and that the students were given both theoretical and practical training in veterinary sciences., It sought recognition from the second respondent University. The University replied that, in the absence of a specific provision in the University of Agricultural Sciences Act. 1963, question of giving affiliation to any private college or recognizing the degree offered by the petitioner-college, was not within the purview of the University. Society also asserts as having sought affiliation from the, Ban galore University; it also addressed a letter to the University Grants Commission, which advised the college to seek affiliation with an Indian University, before the college could be considered for grant of deemed University status under S. 3 of the University Grants Commission Act. This was in May, 1985. The society also refers to a letter dt. 197-1984 addressed by the President of Karnataka Veterinary Council, to the petitioner -college appreciating the efforts of the college to establish veterinary institution; ,the President of the said Council also pointed out that he was not in a position to help the society in the direction of recognizing its institution by the Government. The society avers that, in view of the procedural difficulties experienced by it in getting the affiliation, it -got its college affiliated to and recognized by an America University, called 'New Port University '. It is stated, that the said American ,University had accepted to give degrees conferred by it to the students of the petitioner-college.
4. On 10th June, 1985 the Governor promulgated an Ordinance amending the Act. 'This was replaced by University of Agricultural Sciences (Amendment) Act, 1985 with effect from 10th June, 1985. Section "6A. Affiliation or admission to privileges etc.--
No educational institution. situate within the State of Karnataka imparting education of the type specified in See. 4 or for the, purposes specified therein shall be associated in any way with or be admitted to any privileges of and affiliated to any other University outside the State of Karnataka and any such affiliation granted by any such other University to any such institution within; the State of Karnataka prior to the' commencement of the University of Agricultural Sciences (Amendment) Act, 1985 shall be deemed to be withdrawn from the date o
