The High Court of Punjab and Haryana dismissed a writ petition challenging a state notification constituting a committee to monitor deemed universities. The petition was dismissed because the respondent admitted deleting the relevant words from the notification at the hearing, rendering the petition no longer pressed.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No. 8130 of 2009
Date of Order: 15.10.2009
Maharishi Markandeshwar University, Mulana and others
...Petitioners
Versus
State of Haryana and another
....Respondents
CORAM: HON'BLE MR. JUSTICE M.M. KUMAR
HON'BLE MR. JUSTICE JASWANT SINGH
Present: Mr. Rajive Atma Ram, Senior Advocate, with Mr. Nikhil Chopra, Advocate, for the petitioners.
Mr. Sunil Nehra, AAG, Haryana, for the respondents.
M.M. KUMAR, J.
This petition filed under Article 226 of the Constitution challenges notification dated 29.4.2009 (P-2) issued by the respondent State of Haryana, constituting a High Powered Monitory Committee consisting of the Technical Education Minister as its Chairman along with the Financial Commissioner & Principal Secretary to Government Haryana, Education Department and the Director, Technical Education, Haryana as Members. The said Committee has been constituted with a view to monitor the activities of the Deemed University/institutions offering All India Technical Education Programmes (ATCTE) approved technical courses regarding admission related fee matters and
CWP No.8130 of 2009 2
to seek report regarding anomalies, if any, in the aforesaid cases. The grievance of the petitioners, namely, Maharishi Markandeshwar University, Mulana, The Lingayas Institute of Management and Technology (Deemed University), Faridabad and The Manav Rachna International University, Faridabad, is that they are Deemed Universities as per the provisions of Sections 2 and 3 of the University Grants Commission Act, 1956 (for brevity, ‘the UGC Act’), and the monitoring by the above mentioned High Powered Monitory Committee would unnecessarily interfere in their day-to-day affairs. The petitioners have also asserted that the respondent State has no legislative power or competence to issue the impugned notification, which is also ultra vires of the UGC Act, and liable to be quashed.
At the hearing, Mr. Sunil Nehra, learned State counsel has placed on record a copy of letter dated 14.10.2009 sent by the Director, Technical Education, Haryana, which is taken on record as Mark ‘A’, stating that the competent authority has approved deletion of the words “deemed universities” from the notification dated 29.4.2009 and the formal notification is being issued. Accordingly, the petitioners would not be subjected to any monitoring by the aforesaid Committee to which reference has been made in the notification dated 29.4.2009.
In view of the above, learned counsel for the petitioners made a candid statement that he does not wish to press the instant petition. Accordingly, the instant petition is dismissed as not pressed.
(M.M. KUMAR) JUDGE
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CWP No.8130 of 2009 (JASWANT SINGH) October 15, 2009 JUDGE Pkapoor
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2 provisions across 2 enactments
Maharishi Markandeshwar University, Mulana and others
State of Haryana
M.M. Kumar
Jaswant Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
