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2016 Supreme(P&H) 1067

IN THE HIGH COURT OF PUNJAB AND HARYANA
[DIVISION BENCH]
Before
The Hon’ble Mr. Justice Mahesh Grover
The Hon’ble Mrs. Justice Lisa Gill
C.W.P. No. 20055 of 2015
Punjab Technical University Non-Teaching Employees Association, Jalandhar
v.
State of Punjab & Ors.
{Decided on 02/06/2016}

For the Petitioner(s) in CWP No.20801 of 2015:Mr.Mahabir Singh Sindhu, Advocate.
For the Petitioner(s) in CWP No.24879 of 2015:Mr.Puneet Bali, Sr. Advocate with Mr.Paramveer Singh, and Ms.Monika Thakur, Advocates.
For the Petitioner(s) in CWP No.20055 of 2015:Mr. Akshay Bhan, Sr.Advocate with Mr. Amandeep Singh, Advocate.
For the Respondents:Mr. Kamal Sehgal, Addl. Advocate General, Punjab., Mr. S.S.Bhinder, Advocate
For the Respondent No.4 in CWP No.24879 of 2015:Mr. S.K.Sharma, Advocate.
For PTU:Mr. Harsimran Singh Sethi, Advocate.

Headnote:Education Law--Affiliation to University--When the college is completely privately run and managed institution, it has right to affiliate itself with a university of choice.

       (A) Maharaja Ranjit Singh State Technical University Act, 2014, S.5--New University was created by act of 2014 to impart technical education in State--Held;

       (i) 2014 Act confined its operation to territorial limits in some parts of State but made it mandatory for all colleges and institution in that territory to be affiliated to new university--This clause held to be violative of Article 19(1)(C) & Article 19(1)(d) of Constitution.

       (ii) Individual liberties would be rendered illusory, if freedom to exercise a choice is left to the discretions of the State--A private institution with no financial aid from the Government, stands liberated from control of the Government largely bound only to observance of regulatory discipline particularly as it is involved in promoting education and thus subject to standard regulations a Government prescribes to maintain excellence but it cannot be made to fall to the dictates of the Government.

       (iii) Provision of permitting out flow of financial corpus of PTU to tune of 50% to new university is detrimental to objects of PTU, its financial autonomy and its employees--Punjab Technical University Act, 1996, S.20. (Para 42)

       (B) Education Law--Affiliation to University--When the college is completely privately run and managed institution, it has right to affiliate itself with a university of choice--However, subject to ensuring compliance of Regulations of the university and other regulatory bodies such as AICTE. (Paras 36 & 37)

       

JUDGMENT

Mr. Mahesh Grover, J.:- We propose to dispose of the aforesaid three writ petitions by virtue of this order.

2. The Punjab Technical University (hereinafter known as ‘PTU’ for the sake of brevity) was created by the Punjab Technical University Act, 1996 (in short ‘1996 Act’). The primary object stated therein was to be the advancement of technical education and development thereof in the State of Punjab and for matters connected therewith.

3. The State has now created another university by a separate legislation called The Maharaja Ranjit Singh State Technical University (hereinafter known as ‘MRSSTU’) through an enactment known as the Maharaja Ranjit Singh State Technical University Act, 2014 (in short ‘2014 Act’) incidentally with the same avowed object of advancement of Technical Education and development thereof in the State of Punjab and for matters connected therewith. But while doing so confined its operation to territorial limits of districts such as Bathinda, Barnala, Faridkot, Fatehgarh Sahib, Fazilka, Ferozepur, Mansa, Moga, Shri Mukatsar Sahib, Patiala and Sangrur and other regions outside the State of Punjab, as may be decided by the Board from time to time subject to relevant regulations and statutes. It further provided that notwithstanding anything contained in any other law for the time being in force, any college imparting technical education and situated within the geographical limits of the aforesaid districts shall with the effect from such date as may be notified by the State Government, be deemed to be associated with and admitted to the privileges of the University and shall cease to be associated in any way with or admitted to any privileges of the Punjab Technical University, Jalandhar.

4. We will extract the relevant provisions of the statute as we progress further with our reasons to deal with the controversy which has largely erupted on account of subsequent legislation of 2014 to set up MRSSTU.

5. Before us are three sets of petitions with separate grievances stemming from the subsequent legislation creating MRSSTU impacting the stake holders differently.

6. In CWP No.24879 of 2015, an institution by the name of Continental Institute of Engineering and Technology questions Section 5 of the 2014 Act to be in conflict with Articles 19(1)(c) and 19(1)(g) of the Constitution of India. Section 5(2) of 2014 Act deprives the petitioner institution of the privileges to which it was admitted under the PTU by extinguishing the arrangement and admit it to the privileges of the MRSSTU as a compulsory intendment through a deeming fiction primarily on account of geographical placement of the college in one of the prescribed districts under Section 5(1) of 2014 Act. Apart from the fact that the institution perceives it to be a violation of their fundamental right to associate and affiliate themselves to the university of their choice, it also questions the enactment and its applicability to the institution on the ground that it deprives them of already accrued benefits under PTU by virtually giving the new enactment retrospective effect thus being in conflict with the various pronouncements of the courts.

7. CWP No.20055 of 2015 has been preferred by the employees of the Punjab Technical University (Non-teaching Employees Association) apprehending an adverse impact on the University in view of the provisions of Section 20 of 2014 Act setting up MRSSTU which envisages capital outflow from PTU to MRSSTU thereby depleting its corpus and violating numerous terms. Such power of the Government under Section 20(2) of the 2014 Act is pleaded to be ultra-vires as it interferes with the autonomy of PTU set up by a separate legislation without corresponding amendments in this regard in the 1996 Act.

8. The third writ petition bearing No.20801 of 2015 has been preferred by the students who took the common entrance test and contend that they were selected under the PTU but the college to which they were allocated fa
























































































































































































































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