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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
MANOJ KUMAR TIWARI, J.
Guru Ram Rai University and Another – Petitioners
Versus
The State of Uttarakhand and Others – Respondents
Writ Petition (M/S) No. 1789 of 2018
Decided On : 12-07-2023
University Rules - Sri Guru Ram Rai University Act, 2016 - Sections 27, 28, 29, 30, 31, 32
Fact of the Case:
The writ petition was filed by Sri Guru Ram Rai University, challenging the State Government's modification of the university's Rules submitted for approval. The university contended that the Rules should be deemed approved after two months of submission, as per Section 31(2) of the Sri Guru Ram Rai University Act, 2016.
Finding of the Court:
The court found that the State Government lost the right to modify the Rules after the expiry of two months from the date of submission, as per Section 31(2) of the Act. The modification made by the State Government after the two-month period was deemed incompetent, and the court quashed the modification.
Issues: The main issue was whether the State Government could modify the university's Rules after the expiry of two months from the date of submission, as per Section 31(2) of the Act.
Ratio Decidendi: The court held that the Rules submitted by the university acquired approved status after the two-month period, and any modification made by the State Government after that period was incompetent.
Final Decision: The writ petition was allowed, and the modification made by the State Government to the university's Rules was quashed.
JUDGMENT :
MANOJ KUMAR TIWARI, J.
1. Heard learned counsel for the parties on impleadment application (I.A. No. 8828 of 2023).
2. Having regard to the relief sought in the writ petition, applicants cannot be said to be necessary or proper party, therefore, their application for impleadment cannot be allowed, however, in the interest of justice, they shall be given right of hearing while deciding the writ petition, by treating their application as intervention application. Accordingly, IA No. 8828 of 2023 is disposed of.
3. Also heard on Intervention Application Nos. 8827 of 2023 and 8829 of 2023. For the reasons indicated in the said applications, intervention applications stand allowed.
4. This writ petition has been filed by Sri Guru Ram Rai University, Dehradun, through its Registrar. Sri Guru Ram Rai Institute of Medical and Health Sciences College, Dehradun, which is constituent college of the aforesaid university, is also added as petitioner no. 2.
5. It is not in dispute that Sri Guru Ram Rai University, Dehradun (petitioner no. 1) was established by Sri Guru Ram Rai University Act, 2016, which was enforced on 07.04.2017. Thus, it is a statutory authority.
6. According to petitioners, in exercise of power under Section 31 of the said Act, university submitted Rules for approval to the State Government, and the State Government failed to take any decision in the matter for more than six months, and then one fine morning, State Government granted approval to the Rules with certain modifications.
7. Petitioners contended that in view of deeming provision contained in Section 31(2) of the Act, State Government lost its power to approve the Rules with modifications. In other words, it is the contention of petitioners that upon expiry of two months from date of submission of Rules before State Government, the Rules will be deemed to have been approved, therefore, after two months, State Government looses its power to modify Rules submitted by the University for approval.
8. By means of this writ petition, petitioners have sought the following reliefs:
(ii) Issue a Writ, order or direction in the nature of Mandamus, and further be pleased to declare that earlier un-amended Sri Guru Ram Rai University Rules 2017 called as “first rules 2017” (Annexure-7) which were submitted before the state government on 10-11-2017 are the approved rules of the Petitioner No. 1 University in view of the provision of “Deemed Approval” provided under section 31 (2) of Sri Guru Ram Rai university Act 2016 (Uttarakhand Act No. 03 of 2017).”
(iii) Issue a writ, order or direction in the nature of mandamus, directing and commanding the respondent no. 4 i.e. HNB Uttarakhand Medical Education University Dehradun/NEET-UG-2018, Uttarakhand State Centralized Counselling Board to the effect that it shall complete counselling as per notified schedule and direct the enrolled finally selected candidates to pay “tuition fee” for state quota seats as well as All India Management quota seats as per the fee structure provided by the petitioner medical college to the respondent no. 4 prior to starting counselling which is annexed as annexure no. 11 to this writ petition.”
9. As stated earlier, Sri Guru Ram Rai University was established by a Legislative Act, Namely, Sri Guru Ram Rai University Act, 2016, which was enforced on 07.04.2017. Sections 27, 28 & 29 of the said Act deal with Statutes of the University; while Sections 30, 31 & 32 deal with Rules of the University. Provisions contained in Sections 27 to 32 of the said Act, are reproduced below for ready
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