IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MANINDRA MOHAN SHRIVASTAVA, VINOD KUMAR BHARWANI, JJ.
Professor K.B. Agarwal S/o. Sh. C.L. Vaisya - Petitioner
Versus
State of Rajasthan, through its Principal Secretary Higher Education, State Secretariat & Ors. - Respondents
D.B. Civil (PIL) Writ Petition No. 5789 of 2020
Decided On : 24-02-2023
| Table of Content |
|---|
| 1. challenge to validity of statute (Para 1) |
| 2. arguments against the act's provisions (Para 2) |
| 3. counterarguments regarding the eligibility criteria (Para 3) |
| 4. role and importance of vice-chancellor (Para 4) |
| 5. judicial review principles in legislative actions (Para 9 , 10 , 11 , 12 , 15 , 16 , 22 , 24 , 34) |
| 6. manifest arbitrariness in law provisions (Para 36 , 42 , 46 , 47 , 56 , 58) |
| 7. reading down provisions of the act (Para 61) |
| 8. final judgment and order (Para 62 , 63 , 64) |
ORDER :
Manindra Mohan Shrivastava, J.
1. By this writ petition filed under Article 226 of the Constitution of India, styled as Public Interest Litigation, the petitioner has challenged the validity of Section 11 (2) of the Dr. Bhimrao Ambedkar Law University, Jaipur Act, 2019 (Act No. 6 of 2019) [hereinafter referred to as ‘the Act of 2019’] and has prayed that the aforesaid provision be declared as ultra vires, non est and void ab initio insofar as it enables an academician from any discipline as Vice-Chancellor of Respondent No.3-Dr. Bhim Rao Ambedkar Law University as it correspondingly confers power upon the Chancellor to appoint an academician from any discipline as Vice-Chancellor of the Law University. In the alternative, it has been prayed that Section 11 , sub-section (2) of the Act of 2019 be read down to mean that only distinguished academician/person belonging to the field of law are eligible to be appointed as Vice-Chancellor of Respondent No.3-Law University.
The petitioner has also prayed for relief declaring Section 11 (17) of the Act of 2019 as violative of Article 14 and Article 254 of the Constitution of India being grossly arbitrary and irrational, empowering the Chancellor to appoint first Vice-Chancellor of Respondent No.3-Law University at variance and in utter disregard of mandatory procedure prescribed under Section 11 (3) to Section 11 (6) of the Act of 2019 as also Regulation 7.3(ii) and (iii) of the University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations, 2018 (hereinafter referred to as ‘the Regulations of 2018’) in vogue.
The petitioner has prayed for a consequential relief of issuance of writ, order or direction including writ of quo warranto quashing and setting aside order dated 27.02.2020 by which Respondent No. 4 has been appointed as Vice-Chancellor of Respondent No. 3-Law University.
2. Assailing the validity of the Act of 2019, particularly the provisions contained in Section 11 (2) of the Act of 2019 prescribing eligibility criteria for appointment as Vice-Chancellor of Law University, learned counsel for the petitioner contended that the Act of 2019 was promulgated after having received assent of the Governor with an object to establish and incorporate a law university in the State of Rajasthan. Referring to the objectives of the University as enshrined in Section 5 of the Act of 2019, it has been highlighted that the Act of 2019 seeks to establish the University for the purpose of making provision for imparting legal education in different branches of learning and furthering the prosecution of research in all branches of legal education. The powers and duties of the University as incorporated in Section 7 of the Act of 2019 are intended to provide for instruction in various branches of legal learning as the University may deem fit; to make provision for research and advancement of knowledge dissemination of the findings of research and knowledge as also to institute and confer degrees, diplomas and other academic distinctions; to confer honorary degrees and other distinctions. Other important functions of the University include admission of colleges, institutions and institutes not maintained by the University, to the privileges of the University and also confer autonomous status on colleges, institutions or departments. The powers and fun
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