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 Constitution of India. According to the petitioners, the Entry 25 of List-III can be operative only after University has been established and has started functioning so as to enable the regulatory bodies to decide as to whether University is fit to act as such and the status of State Universities can be given by the UGC in exercise of powers conferred upon it by Section 3 of the UGC Act.

(2). On the other hand, it is submitted that the impugned Act has been enacted considering the apparent need to boost up higher education scenario in the State by introducing private parties especially through establishment of Self Financed Private Institutions. It is submitted that His Excellency the Governor of Rajasthan made and promulgated the Rajasthan Self financed Private Universities Ordinance, 2004- on 18.09.2004. The Apex Court delivered the judgment in Prof. Yashpals case (supra) on 11.02.2005, whereby the Chattisgarh Act was struck down. The Rajasthan Self Financed Universities Bill was placed before the Rajasthan Legislative Assembly on 21.02.2005. On the basis of the resolution mooted by the Honble Minister, the Incharge of the Higher Education, the Rajasthan Legislative Assembly directed the Select committee to examine the Bill keeping in view the decision of the Apex Court in Prof. Yashpals case (supra). Accordingly, the changes were made keeping in view the lacunaes pointed out in Chattisgarh Act and the observations made. Thus, the Select Committee recommended modifications in the Act to bring the Bill strictly in accordance with the law laid down by the Apex Court in Prof Yashpals case (supra). Learned Counsel has pointed out various provisions under the impugned Act comparing with the Chattisgarh Act to show that the impugned Act does not suffer from the defects pointed out in the Chattisgarh Act.

Issue Involved - Need to Revitalize Higher Education:

(3). The issue involved in the instant petition is of contemporary significance, as it pertains to "Higher Education" which in recent times, has undergone enormous change. Since the formation of Universities around 1500 years ago, the higher education has seen many transformations. In antiquity, India remained the centre of education. The world famous Universities of Nalanda and Takshshila attracted the students across the Sea. The word "Vishwa Vidyalaya" itself expresses international character of the education. Exchange of knowledge whether through import or export, enhances the mental horizon and widens perception of the scholars. The changed Scenario has compelled the Educationists, Economists, Legislators and the Judges to consider the potential for growth of trade in the educational services in our Country. It is of-course true that the Education in general has been considered as a noble professio

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