1985 Supreme(Kar) 534

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

Headnote:

UNIVERSITY OF AGRICULTURAL SCIENCES ACT - S. 6A - VALIDITY - WHETHER OFFENDS ARTS. 14, 19(1)(A) AND (G) AND 21 OF THE CONSTITUTION - WHETHER EXTRATERRITORIAL - WHETHER LEGISLATURE COMPETENT TO ENACT - WHETHER STATE CAN VEST EXCLUSIVE POWER IN UNIVERSITY TO IMPART EDUCATION IN SUBJECTS LIKE VETERINARY AND AGRICULTURAL SCIENCES - WHETHER STATE CAN PROHIBIT INSTITUTION IN STATE SEEKING AFFILIATION TO UNIVERSITY OUTSIDE STATE - WHETHER ANY FUNDAMENTAL RIGHT TO SEEK AFFILIATION OR RECOGNITION BY UNIVERSITY OR STATE GOVERNMENT - WHETHER LEGISLATURE COMPETENT TO VEST EXCLUSIVE PRIVILEGE WITH ITS INSTRUMENTALITY, LIKE UNIVERSITY, TO ESTABLISH AND IMPART EDUCATION IN SUBJECTS LIKE VETERINARY AND AGRICULTURAL SCIENCES - WHETHER IMPARTING OF EDUCATION BY ESTABLISHING INSTITUTION COMES WITHIN RIGHTS ENUMERATED IN ART. 19(1)(G) - WHETHER STATE'S POWER PRESERVED UNDER ART. 19(6) WOULD PROTECT EXCLUSIVE POWER OF RENDERING SERVICE IN IMPARTING EDUCATION, IN UNIVERSITY - WHETHER UNIVERSITY HAS POWER TO GRANT AFFILIATION TO PRIVATE INSTITUTION - WHETHER IMPLIED POWER EXISTS - WHETHER STATE HAS SPECIAL DUTY IMPOSED ON IT BY ART. 48 OF THE CONSTITUTION - WHETHER RIGHT GUARANTEED TO MINORITIES UNDER ART. 30, IN NO WAY, IS OF SMALLER DEGREE THAN RIGHTS GUARANTEED UNDER ART. 19(1)(G) - WHETHER STATE CAN METE OUT DISCRIMINATORY TREATMENT IN MATTER OF AFFILIATION - WHETHER LAW HAS PROHIBITED ANYONE FROM GIVING EXPRESSION ABOUT VETERINARY SCIENCES - WHETHER RIGHT TO LIVELIHOOD IS AN INTEGRAL PART OF RIGHT TO LIVE - WHETHER STATE IS BOUND TO ALLOW ANYONE IN STATE TO START EDUCATIONAL INSTITUTIONS OF HIS CHOICE OR FANCY, UNREGULATED AND UNCONTROLLED - WHETHER STATE IS COMPETENT TO ENACT LAW GOVERNING EDUCATION IN VETERINARY SCIENCES IN KARNATAKA, AND RECOGNIZABLE DEGREES ARE TO BE OBTAINED ONLY BY STUDYING IN INSTITUTION ESTABLISHED BY ACT, VIZ., UNIVERSITY AND SUCH LAW IS OTHERWISE VALID, THEN S. 6A CANNOT BE ATTACKED IN ISOLATION - WHETHER LEGISLATIVE DEVICE AS A MEANINGFUL AND EFFECTIVE WAY TO PREVENT OUTSIDE INTERFERENCE WITH EFFECTIVE IMPLEMENTATION OF PROVISIONS OF STATE LAW IS ACCEPTABLE - WHETHER STATE GOVERNMENT SHOULD TAKE APPROPRIATE STEPS (EITHER BY LEGISLATIVE OR OTHERWISE) TO PREVENT SUCH UNAUTHORIZED INSTITUTIONS COMING UP.

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. 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.

Finding of the Court:

The court held that the impugned provision, Section 6A of the University of Agricultural Sciences Act, 1963, is constitutionally valid and does not offend Articles 14, 19(1)(a) and (g) and 21 of the Constitution of India. The court further held that the State is competent to enact a law governing the education in veterinary sciences in Karnataka, and the recognizable degrees are to be obtained only by studying in an institution established by the Act, viz., the University and such a law is otherwise valid, then S. 6A cannot be attacked in isolation.

Issues: 1. Whether S. 6A of the University of Agricultural Sciences Act, 1963 is constitutionally valid? 2. Whether the State is competent to enact a law governing the education in veterinary sciences in Karnataka? 3. Whether the recognizable degrees are to be obtained only by studying in an institution established by the Act, viz., the University?

Ratio Decidendi: 1. The court held that the impugned provision, Section 6A of the University of Agricultural Sciences Act, 1963, is constitutionally valid and does not offend Articles 14, 19(1)(a) and (g) and 21 of the Constitution of India. 2. The court held that the State is competent to enact a law governing the education in veterinary sciences in Karnataka. 3. The court held that the recognizable degrees are to be obtained only by studying in an institution established by the Act, viz., the University.

Final Decision: The court dismissed the writ petition filed by the society and partly allowed the writ petitions filed by the students. The court directed the society and its co-petitioners 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 these proceedings and a sum of Rs.10,000 in all, to the student-petitioners.