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2006 Supreme(Raj) 1837

N.N.MATHUR, GOPAL KRISHAN VYAS
Prakash Chaturvedi – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
M. Mridul, Sr. Advocate, assisted by P.S. Chundawat, for Petitioners ,B.P. Agrawal Advocate General, Mr. N.M. Lodha, Additional Advocate General, Bharat Vyas, Additional Advocate General with Sandeep Pathak, L.R. Mehta, and R.K. Purohit, for Respondents M

Honble MATHUR, J.–Petitioners Prakash Chaturvedi and Bhopal Chand Mehta by way of instant writ petition under the label of "Public Interest Litigation" have challenged the validity of Rajasthan Private Universities Act. 2005, hereinafter referred to as "the Rajasthan Act". It is submitted that the Act of 2005 is liable to be quashed in view of the judgment of the Honble Supreme Court rendered in Professor Yashpal vs. State of Chattisgarh (2005(5) SCC 420), which more or less fully applies to the instant case. It is averred that in Prof Yashpals case, Chhatisgarh Niji Kshetra Vishwavidhyalaya (Sthapana Aur Viniyaman) Adhiniyam 2002, hereinafter referred-to as "the Chhatisgarh Act", has been struck down by the Honble Supreme Court. The Rajasthan Act, for all practical purposes except some chances, is substantially similar to the Chhatisgarh Act. Petitioners have also challenged the validity of the impugned Act of 2005 on the ground of non-competence of Rajasthan State Legislative Assembly. It is submitted that the State Legislature appears to have enacted the impugned Act of 2005 under the impression that the matter falls within the domain of Entry 25 of List-III of Schedule 7 of the


























































































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