Kalinga University v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 1326 of 2016 Kalinga University, A University established under the Chhattisgarh Private Universities (Establishment and Operation) Act, 2005, Through its Registrar Dr. Sandeep Gandhi, S/o Late Shri Premlal Gandhi, Aged About 48 Years, R/o Kalinga University Campus, Village Kotni, Naya Raipur, Distt. Raipur, Chhattisgarh. ---- Petitioner
Versus
1. State Of Chhattisgarh, Through The Secretary Department Of Higher Education, Mantralaya, Mahanadi Bhavan, Naya Raipur, District Raipur, Chhattisgarh.
2. Commissioner, Higher Education, State Of Chhattisgarh, C- 30, Second And Third Floors, Indrawati Bhawan, Raipur, District Raipur (Chhattisgarh)
3. Indira Gandhi Krishi Vishwa Vidyalaya, Through Its Registrar, Krishak Nagar, Raipur- 492 012, Chhattisgarh.
4. Chhattisgarh Private Universities Regulatory Commission, Through Its Secretary, Madhupillai Chowk In Front Of Ram Nagar, Shanti Nagar, Raipur, District Raipur, Chhattisgarh. ---- Respondents For petitioner - Shri Rajeev Shrivastava and Shri Naresh C. Sharma, Advocates.
For Respondent/State -Shri Anupam Dubey, Dy.G.A. For respondent No.3-Shri Shashank Thakur, Advocate. For respondent No.4- Shri B.L. Sahu, Advocate appears on behalf of Shri A.S. Kachwaha, Advocate.
Hon'ble Shri Justice Goutam Bhaduri Order 28/04/2017 1.
Heard.
2.
Learned counsel for the petitioner would submit that the University was established under the independent Act of Chhattisgarh Private Universities (Establishment and Operation) Act, 2005 and subsequent amendment therein, wherein the University is recognised as different separate legal entity and is having sovereign power. It is stated by an order dated 14/08/2015 (Annexure P-1) University was directed to follow
letter of Indira Gandhi Krishi Vishwa Vidyalaya dated 16/07/2015 wherein the objection was raised by Indira Gandhi Krishi Vishwa Vidyalaya that as per Act of Indira Gandhi Krishi Vishwa Vidyalaya Adhiniyam, 1987 as per Section 6(1), 6(2) and 7, Indira Gandhi Krishi Vishwa Vidyalaya has been given exclusive domain to impart education on agriculture. Therefore the controversy and confusion has arose and the State Government without any decision on this issue as to whether such section is applicable to the present petitioner or not has forwarded the letter to the petitioner/University. It is stated by such forwarding of letter the University who is already imparting education of Agriculture to students stake of the 400 students who have already been admitted in the stream Agricultural Engineering and B.Sc.
Agriculture course are being at question. It is submitted that the University and State Government should have been decided the issue in its proper perspective. It is stated that State Government has forwarded the letter of the University without substantially considering the applicability of Act. Therefore, the State Government and the Regulatory Body may be directed to decide the issue de novo to clarify the applicability of law.
3.
Heard the petitioner and primary submission of respondents. Prima facie taking into fact that the University was created under the different independent statute, at this stage considering the submission made by petitioner and more importantly as respondents also do not object to the prayer made by petitioner that State Government and Regulatory Commission may be directed to decide the issue of applicability of Section 6(1), 6(2) and 7 of Indira Gandhi Krishi Vishwa Vidyalaya Adhiniyam, 1987 and all the allied issue with respect to petitioner. Without going into merit of the case the proposal mooted by the parties to this petition appears to be reasonable specially in the back drop of future of
students who are already studying in University in the Engineering stream and B.Sc. and they have been studying there for last three years, it is felt that the submission made by respondents can be acceeded. 4.
Taking into entirety, prima facie perusal of the documents would show that petitioner/University was established under the Act of Chhattisgarh Private Universities (Establishment and Operation) Act, 2005 which is subsequent to the Indira Gandhi Krishi Vishwa Vidyalaya Adhiniyam, 1987, therefore the University having been established under a separate statute, the applicability of Section 6(1), 6(2) and 7 of Indira Gandhi Krishi Vishwa Vidyalaya Adhiniyam, 1987 would certainly have to be decided specially when under the Act of 2005 State Government has given permission to run University to the petitioner. The communication would show that State Government has practically not decided the issue which was referred to it by Indira Gandhi Krishi Vishwa Vidyalaya thereby the litigation has cropped up.
Taking into language of letter of State Government, it is directed that the State Government and the Regulatory Commission may decide the issue which has been raised by Indira Gandhi Krishi Vishwa Vidyalaya by letter dated 16/07/2015 and all the ancillary and affiliated issue within a further period of four weeks after receipt of copy of this order. While deciding so considering the issue and the complicity involved in it wherein stake of the students are also involved petitioner as also respondent should be given opportunity of hearing before deciding the same.
5.
With the above observation, petition stands disposed of. Sd/- (Goutam Bhaduri) JUDGE gouri