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2004 Supreme(Raj) 599
Rajasthan High Court
Honble N.P. GUPTA, J.
Praveen Kumar & Anr. - Appellant
Versus
Jain Vishva Bharati Institute & Anr. - Respondents
S.B. Civil Writ Petition No. 1565 of 2000
Decided On : July 06, 2004
P.K. Lohra, for Petitioners G.L. Rawal & Harish Purohit, for Respondents
Headnote:Constitution of India, Art. 12 and 226 and University Grants Commission Act, 1956, Sec. 3 – Whether the `Deemed University be treated as `State within the meaning of Art. 12 of Constitution of India – Held – Deemed University cannot be said to be falling in the terms of `State as provided u/Art. 12 of the Constitution – It is not amenable to extra ordinary jurisdiction of the High Court u/Art. 226. (Paras 41 to 43)
That when a particular status is acquired by legal fiction, even in the words of Honble the Supreme Court ``the Court is bound to ascertain the purposes for which the fiction was created and the parties between whom the fiction was to operate. In my opinion, the the fiction was created for the purpose of making the provisions of the Act applicable, and the parties between whom the fiction is to operate are the U.G.C. and the respondents, and by virtue of the fiction the respondents become entitle to confer certain degrees, and this is the only extent, that the fiction has some relation with the public at large, being its segment, constituting students, obtaining degrees, and nothing beyond that. Obviously, therefore, on the basis of this judgment, it cannot be said that on account of the fiction, contemplated by Section 3 of the Act, the respondent becomes an ``authority within the meaning of Article 12 of the Constitution. (Para 41)
(2). The factual allegations are, that the Institute was founded in the year 1970, with the inspiration of late Acharya Shri Tulsi, as a centre of education, literature, culture, social service, meditation and spirituality, with a primary objective of the institute, to provide instruction, training, research, experimentation, in the fields of oriental learning, Shraman culture and other related subjects. The Institute is imparting education in the field of Jainology, Science of Living and Programmes in Social Work namely; Bachelor of Social Work (BSW), and Master in Social Work (MSW) etc. It is alleged, that in the year 1991, by issuance of notification under Section 3 of the University Grants Commission Act, 1956, hereafter to be referred to as ``the Act. the Institute was notified as deemed University. It is getting aid from the University Grants Commission (UGC), and the teachers employed are governed, in the service conditions, and wage structure, as prescribed by the UGC, the courses and curriculum for the studies are also prescribed by the UGC. Thus the Institute is working as per guidelines of the UGC. The degrees of Graduation, as well as Post Graduation awarded by the Institute are also recognised degrees. Thus, it is alleged, the the Institute is an `Instrumentality of the State within the meaning of Article 12 of the Constitution, and is amenable to writ jurisdiction.
(3). Regarding petitioners it is alleged, that the first petitioner did his Graduation in Arts from Maharishi Dayanand University, Rohtak in the year 2002, and sought admission in the respondent Institute for prosecuting studies of MSW in the Academic Session 2002-2003, being two years Post Graduate Degree Course. He competed the Previous Examination. The second petitioner is said to have completed the graduation from Rajkiya Kara Mahavidyalaya, Alwar, which was affiliated to University of Rajasthan in the year 1997. Then he did his Post Graduation in Political Science in the year 2000, and thereafter sought admission in the respondent Institute for prosecuting the studies of MSW in the Academic Session 2002-2003, and passed Previous Examination in the year 2003. In para 6 it is pleaded that the petitioners were vigilant and were also concerned about their fellow student and therefore, on many occasions, before the respondents, and other teachers, both of them espoused just causes of the students. In this sequence, when they approached on 2-3 occasions to ventilate the grievances, it was not taken in good taste by the teachers of the respondent Institute, and in order to camouflage their omissions and commissions and their failures, vitiated the atmosphere, and attempts were, to implicate both the petitioners in some alleged misdemeanors and misbehaviors with the fellow students, including terrorizing fellow students. With this, it is alleged, that when the Academic Session 2003-2004 was on the verge of completion, the second respondent passed an office order on 24.3.2004, in the joint name of both the petitioners alleging that they are creating unpleasant atmosphere, and indiscipline in the campus as well as outside. Both the students were suspended from attending the classes, and they were asked to vacate the hostel. The order was also accompanied with the charges framed against bo
