{"id":153590,"date":"1987-08-13T00:00:00","date_gmt":"1987-08-12T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/osmania-university-teachers-vs-state-of-andhra-pradesh-anr-on-13-august-1987"},"modified":"2016-10-28T15:28:48","modified_gmt":"2016-10-28T09:58:48","slug":"osmania-university-teachers-vs-state-of-andhra-pradesh-anr-on-13-august-1987","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/osmania-university-teachers-vs-state-of-andhra-pradesh-anr-on-13-august-1987","title":{"rendered":"Osmania University Teachers … vs State Of Andhra Pradesh & Anr on 13 August, 1987"},"content":{"rendered":"
Supreme Court of India<\/div>\n
Osmania University Teachers … vs State Of Andhra Pradesh & Anr on 13 August, 1987<\/div>\n
Equivalent citations: 1987 AIR 2034, \t\t 1987 SCR (3) 949<\/div>\n
Author: K Shetty<\/div>\n
Bench: Shetty, K.J. (J)<\/div>\n
           PETITIONER:\nOSMANIA UNIVERSITY TEACHERS ASSOCIATION\n\n\tVs.\n\nRESPONDENT:\nSTATE OF ANDHRA PRADESH & ANR.\n\nDATE OF JUDGMENT13\/08\/1987\n\nBENCH:\nSHETTY, K.J. (J)\nBENCH:\nSHETTY, K.J. (J)\nREDDY, O. CHINNAPPA (J)\nKANIA, M.H.\n\nCITATION:\n 1987 AIR 2034\t\t  1987 SCR  (3) 949\n 1987 SCC  (4) 671\t  JT 1987 (3)\t424\n 1987 SCALE  (2)289\n CITATOR INFO :\n R\t    1991 SC2230\t (4)\n\n\nACT:\n    Constitution of India, 1950---Entry 66 List I and  Entry\n25  List  III--Seventh\tSchedule--Education--Whether   State\ncompetent to legislate on subject falling within List I.\n    Andhra Pradesh Commissionerate of Higher Education\tAct,\n1986---Validity\t of--Whether Act within\t legislative  compe-\ntence of State Legislature.\n\n\n\nHEADNOTE:\n    The\t Andhra Pradesh Commissionerate of Higher  Education\nAct,  1986 (Act No. 26 of 1986) providing for the  constitu-\ntion  of a Commissionerate to advise the Government in\tmat-\nters relating to Higher Education in the State and to  over-\nsee  its development with perspective planning and for\tmat-\nters  connected\t therewith  and incidental  thereto  and  to\nperform\t all  functions necessary for  the  furtherance\t and\nmaintenance of excellence in the standards of higher  educa-\ntion in the State was enacted on the basis of the  recommen-\ndations\t of a high power committee constituted by the  State\nGovernment to study the Higher Education system in the State\nwith  special reference to its curricula, courses of  study,\nfinance and management.\n    The validity of the aforesaid Act was challenged in\t the\nHigh Court which, while upholding it, held that the Act fell\nunder  Entry  25 List III--Concurrent List  of\tthe  Seventh\nSchedule to the Constitution of India.\n    In the appeals to this Court, it was contended on behalf\nof  the appellant that the Act was just a duplicate  of\t the\nUniversity Grants Commission Act and the State had no legis-\nlative power at all to enact it since it squarely fell under\nEntry  66  List I. On behalf of the Staterespondent  it\t was\nsubmitted  that\t the enactment in pith\tand  substance\tfell\nwithin Entry 25 of List III and not under Entry 66 of List I\nof the Seventh Schedule.\nAllowing the appeals, this Court,\n950\n    HELD:  1.1 Entry 25 List III relating to  education\t in-\ncluding technical education, medical education and Universi-\nties  had  been made subject to the power of  Parliament  to\nlegislate under Entries 63 to 66 of List I. Entry 66 List  I\nand  Entry 25 List III should, therefore, be read  together.\n[955F-G]\n    1.2\t Entry\t66 gives power to the Union to\tsee  that  a\nrequired  standard  of higher education in  the\t country  is\nmaintained.  The  standard  of\tHigher\tEducation  including\nscientific and technical should not be lowered at the  hands\nof  any\t particular  State or States. It  is  the  exclusive\nresponsibility of the Central Government to co-ordinate\t and\ndetermine  the\tstandards for higher education.\t That  power\nincludes the power to evaluate, harmonise and secure  proper\nrelationship  to any project of national importance.  It  is\nneedless  to state, that such a coordinate action in  higher\neducation with proper standards, is of paramount  importance\nto  national progress. It is in this national interest,\t the\nlegislative field in regard to 'education' has been distrib-\nuted  between List 1 and List 111 of the  Seventh  Schedule.\n]955G-H; 956A-B]\n    1.3\t Parliament  has exclusive power to  legislate\twith\nrespect\t to  matters included in List I. The  State  has  no\npower at all in regard to such matters. If the State  legis-\nlates  on  the subject failing within List I  that  will  be\nvoid, inoperative and unenforceable. [956B]\n    1.4 The Commissionerate Act has been drawn by and  large\nin the same terms as that of the U.G.C. Act. Both the enact-\nments  deal  with  the co-ordination  and  determination  of\nexcellence  in the standards of teaching and examination  in\nthe  Universities.  Here and there, some of  the  words\t and\nsentences  used in the Commissionerate Act may be  different\nfrom  those  used  in the UGC Act,  but\t nevertheless,\tthey\nconvey the same meaning. It is just like referring the\tsame\nperson with different descriptions and names. [966B-D]\n    1.5 The High Court has gone on a tangent, and would\t not\nhave fallen into an error if it had perused the UGC Act as a\nwhole and compared it with the Commissionerate Act or  vice-\nversa. [966D]\n    1.6 The Commissionerate Act contains sweeping provisions\nencroaching on the autonomy of the Universities. The Commis-\nsionerate has practically taken over the academic  programme\nand  activities of the universities. The  universities\thave\nbeen rendered irrelevant if not nonentities. [965D; 966A-B]\n1.7  It\t is  unthinkable as to how the State  could  pass  a\nparallel\n951\nenactment  under Entry 25 of List III, unless it  encroaches\nEntry 66 of List I Such an encroachment is patent and  obvi-\nous.  The  Commissionerate  Act is  beyond  the\t legislative\ncompetence  of the State Legislature and is hereby  declared\nvoid and inoperative. [966E-F]\n    1.8\t The  Constitution of India  vests  Parliament\twith\nexclusive authority in regard to co-ordination and  determi-\nnation\tof standards in institutions for  higher  education.\nThe Parliament has enacted the UGC Act for that purpose. The\nUniversity Grants Commission has, therefore, a greater\trole\nto  play  in shaping the academic life of  the\tcountry.  It\nshall  not  falter or fail in its duty to  maintain  a\thigh\nstandard in the Universities. Democracy depends for its very\nlife  on high standards of general, vocational\tand  profes-\nsional education. Dissemination of learning with search\t for\nnew  knowledge with discipline all round must be  maintained\nat all costs. [967D-E]\n    The University Grants Commission, it is hoped will\tduly\ndischarge  its\tresponsibility\tto the Nation  and  play  an\nincreasing role to bring about the needed transformation  in\nthe academic life of the Universities. [967E-F]\n    Kerala  State  Electricity\tBoard  v.  Indian  Aluminium\nCompany,<\/a> [1976] 1 SCR 552; Gujarat University, Ahmedabad  v.\nKrishna\t Ranganath,<\/a>  [1963] Suppl. 1 SCR 112;  DAV  College,\nBhatinda  etc. v. State of Punjab & Ors., [1971] Suppl.\t SCR\n677; R. Chitralekha & Ant. v. State of Mysore & Ors.,<\/a> [1964]\n6  SCR 368; State of Andhra Pradesh v. Lavu  Narendranath  &\nOrs,<\/a> etc., [1971] 3 SCR 699; Ambesh Kumar v. Principal, LLRM\nCollege, Meerut, AIR 1987 SC 400 and Prem Chand Jain v. R.K.\nChhabra,<\/a> [1984] 2 SCR 883, referred to.\n\n\n\nJUDGMENT:\n<\/pre>\n
    CIVIL APPELLATE JURISDICTION: Civil Appeal Nos.  1205-06
\nof 1987.\n<\/p>\n
    From  the  Judgment and Order dated 24.3.  1987  of\t the
\nAndhra\tPradesh\t High Court in Writ Petition  No.  15582  of
\n1986.\n<\/p>\n
    Dr.\t Y.S. Chitale, B. Parthasarathy and  K.V.  Sreekumar
\nfor the Appellant.\n<\/p>\n
    T.S.  Krishnamurthy Iyer, T.V.S.N. Chari, Ms. V.  Grover
\nand Ms. Sunita M. for the Respondents.
\nThe Judgment of the Court was delivered by
\n952<\/span>
\n    JAGANNATHA\tSHETTY,\t J.  This appeal  on  a\t certificate
\nraises a short but an important question as to the Constitu-
\ntional\tvalidity  of the Andhra Pradesh\t Commissionerate  of
\nHigher\tEducation  Act, 1986 (Act No. 26  of  1986)  (called
\nshortly “The Commissionerate Act”). The question is  whether
\nthe enactment falls within Entry 66 List I or Entry 25\tList
\nIII–Concurrent List of the Seventh Schedule to the  Consti-
\ntution.\t The  High Court of Andhra Pradesh  has\t upheld\t its
\nvalidity  by  holding that the Act falls  under\t the  latter
\nEntry, but granted a certificate for leave to appeal to this
\nCourt under Article 133(1) of the Constitution.
\n    The said Act was enacted on the basis of the recommenda-
\ntions  of  a high power committee constituted by  the  State
\nGovernment to study the higher education system in the State
\nof  Andhra Pradesh with special reference to its  curricula,
\ncourses\t of study, finance and management. The Committee  in
\nits report submitted to the Government observed, inter-alia,
\nthat  there is no proper coordination and academic  planning
\namong  the various bodies like Universities, Directorate  of
\nHigher Education and University Grants Commission etc. There
\nis no policy perspective in the development of higher educa-
\ntion system. The Committee said that in order to  streamline
\nthe  general working and oversee the development  of  higher
\neducation  in the State, there is need to constitute a\tCom-
\nmission to advise the Government in that matter.
\n    The Government appears to have accepted the said  report
\nof  the Committee. That is obvious from the Preamble to\t the
\nCommissionerate\t Act. It states that “Act is to provide\t for
\nthe Constitution of a Commissionerate to advise the  Govern-
\nment  in matters relating to Higher Education in  the  State
\nand to oversee its development with perspective planning and
\nfor matters connected therewith and incidental thereto.”\n<\/p>\n
    Section 2(e) defines “Higher Education” to mean interme-
\ndiate  education and education leading to a degree  or\tpost
\ngraduate degree including professional and technical  educa-
\ntion.\n<\/p>\n
    Section  2(c)  defines  “Commissionerate”  to  mean\t the
\nAndhra\tPradesh Commissionerate of Higher Education  consti-
\ntuted  under  subsection (1) of Section 3.  Thereunder,\t the
\nCommissionerate\t has been constituted as a  Corporate  body.
\nThe  composition  of the Commissionerate is  provided  under
\nSection\t 4. The Commissionerate shall consist  of  Chairman,
\nVice-Chairman and not more than 10 members [Section
\n953<\/span>
\n4(1)]. The Chairman and the Vice-Chairman shall be appointed
\nby the Government [Section 4(2)]. Of the ten members of\t the
\nCommission, three are Secretaries to the Government:  Educa-
\ntion  Secretary, Labour Secretary and Finance  and  Planning
\nSecretary. Four of them shall be representing Professors and
\nVice-Chancellors  of any of the Universities in\t the  State.
\nOne shall represent industry and commerce, and another shall
\nrepresent  engineering\tor legal or medical  education.\t The
\nlast  one shall be a distinguised educationalist. All  these
\npersons\t are  to be appointed only by  the  Government.\t The
\nChairman  and ViceChairman shall be whole time and  salaried
\npersons\t and their terms and conditions are  provided  under
\nSection 5(1).\n<\/p>\n
    Section  9\tgives  overriding effect and  power  to\t the
\nCommissionerate\t over all other authorities and bodies\tcon-
\nnected with the Higher Education in the State. Section\t9(1)
\nprovides:\n<\/p>\n
\t      “With  effect on and from the Constitution  of
\n\t      the  Commissionerate under Section 3 and\tnot-
\n\t      withstanding anything contained in the  Andhra
\n\t      Pradesh Intermediate Education Act, 1971,\t and
\n\t      the  Andhra Pradesh. Education Act, 1982,
\n\t      the  Director of Higher Education, the  Secre-
\n\t      tary, Board of Intermediate Education and\t the
\n\t      Secretary to the Board of Technical  Education
\n\t      shall  function under the administrative\tcon-
\n\t      trol of the Commissionerate.”<\/p><\/blockquote>\n
    Section 9(2) provides power to the Government to appoint
\na Secretary to the Commissionerate. Rest of the Officers and
\nemployees  are\tto  be appointed from time to  time  by\t the
\nCommissionerate\t but with the previous approval of the\tGov-
\nernment.\n<\/p>\n
    The Central power of the Commissionerate has been locat-
\ned  in\tSection\t 11. We may give the gist of  it  here.\t The
\nCommissionerate shall\n<\/p>\n
\t\t  (i)  evolve  a perspective  plan  for\t the
\n\t      development, of Higher Education in the State;\n<\/p>\n
\t\t (ii)  monitor\tand  evaluate  the  academic
\n\t      programmes  in  higher education\tand  enforce
\n\t      accountability in the system;\n<\/p>\n
\t\t (iii)\t establish  and\t develop   resources
\n\t      centre for curriculam materials and continuing
\n\t      education of teachers;\n<\/p>\n
\t\t (iv) co-ordinate the academic activities of
\n\t      various  institutions of higher  education  in
\n\t      the State;\n<\/p>\n
\t      954<\/span><\/p>\n
\t      (v) undertake examination reforms;\n<\/p>\n
\t\t  (vi) establish linkages between  Universi-
\n\t      ties  industries\tand  community\t development
\n\t      organisations:\n<\/p>\n
\t\t (vii) transfer teachers appointed in  aided
\n\t      posts from one aided private college to anoth-
\n\t      er  such college subject to such rules as\t may
\n\t      be  made by the Government in this behalf\t and
\n\t      generally encourage mobility of teachers;and\n<\/p>\n
\t\t (viii)\t perform any other functions  neces-
\n\t      sary  for the furtherance and  maintenance  of
\n\t      excellence  in the standards of higher  educa-
\n\t      tion in the State.\n<\/p>\n
\t      Section 11(2) provides:\n<\/p>\n
\t      “Notwithstanding anything contained in any law
\n\t      relating\tto  Universities in the\t State,\t the
\n\t      Board of Intermediate Education Act, 1971\t and
\n\t      the Andhra Pradesh Education Act, 1982,  every
\n\t      University  or  college  including  a  private
\n\t      college  in the State shall obtain  the  prior
\n\t      approval of the Commissionerate in regard to–\n<\/p>\n
\t      (i) creation of new posts;\n<\/p>\n
\t      (ii) financial management; and\n<\/p>\n
\t      (iii)  starting  of  new\thigher\t educational
\n\t      institutions.\n<\/p>\n
    Section  13\t is another important Section.\tIt  provides
\npower for inspection for ascertaining the financial needs of
\na  University or its standards of teaching, examination\t and
\nresearch.  The\tCommissionerate\t shall\tcommunicate  to\t the
\nUniversity  its\t views in regard to the result of  any\tsuch
\ninspection  and may, after ascertaining the opinion  of\t the
\nUniversity,  recommend\tto the University the action  to  be
\ntaken  as  a result of such inspection\tand  the  University
\nshall comply with any such direction.
\n    Section  16\t states that the  Commissionerate  shall  be
\nguided by such directions issued by the Government on  ques-
\ntions of policy relating to State purposes or in case of any
\nemergency  as may be given to it by the Government.  Section
\n18  confers power to the Government to make rules  to  carry
\nout all or any of the purposes of the Act. Section 19
\n955<\/span>
\nprovides  power to the Commissionerate to  make\t regulations
\nconsistent with the Act and the rules made thereunder.
\n    The sole contention of Dr. Chitale, learned counsel\t for
\nthe  appellant\tis that the Commissionerate Act\t is  just  a
\nduplicate of the University Grants Commission Act (“The\t UGC
\nAct”) and the State has no legislative power at all to enact
\nit,  since it squarely falls under Entry 66 List I. But\t the
\ncontention  of Mr. Krishnamurthy Iyer, learned\tcounsel\t for
\nthe  State  of\tAndhra Pradesh, is to  the  contrary.  While
\nsupporting  the\t judgement of the High Court,  he  submitted
\nthat the enactment in pith and substance falls within  Entry
\n25  of\tList  III and not under Entry 66 of List  I  of\t the
\nSeventh\t Schedule. For proper consideration of\tthe  conten-
\ntions we may set out these two Entries:
\nEntry 66 List I:\n<\/p>\n
“Co-ordination and determination of standards in institution
\nfor higher education or research and scientific and  techni-
\ncal institutions.”\n<\/p>\n
Entry 25 List III:\n<\/p>\n
“Education, including technical education, medical education
\nand  universities, subject to the provisions of entries\t 63,
\n64, 65 & 66 of List I, vocational and technical training  of
\nlabour.”\n<\/p>\n
    Till  January  3, 1977, Education was  a  State  subject
\nunder Entry 11 in List II. By the 42nd Amendment Act,  1976,
\nEntry  11  was deleted and it was placed in  the  Concurrent
\nList by enlarging the Entry 25, as set out above.
\n    Entry 25 List III relating to education including  tech-
\nnical education, medical education and Universities has been
\nmade  subject to the power of Parliament to legislate  under
\nEntries\t 63  to 66 of List I. Entry 66 List I and  Entry  25
\nList III should, therefore, be read together. Entry 66 gives
\npower  to  Union to see that a required standard  of  higher
\neducation  in  the country is maintained.  The\tstandard  of
\nHigher\tEducation including scientific and technical  should
\nnot  be\t lowered  at the hands of any  particular  State  or
\nStates. Secondly, it is the exclusive responsibility of\t the
\nCentral\t Government to co-ordinate and determine the  stand-
\nards for higher education. That power includes the power  to
\nevaluate, harmonise and secure proper relationship to any
\n956<\/span>
\nproject of national importance. It is needless to state that
\nsuch  a\t coordinate action in higher education\twith  proper
\nstandards, is of paramount importance to national  progress.
\nIt  is in this national interest, the legislative  field  in
\nregard\tto ‘education’ has been distributed between  List  I
\nand List III of the Seventh Schedule.\n<\/p>\n
     The  Parliament has exclusive power to  legislate\twith
\nrespect\t to  matters included in List I. The  State  has  no
\npower at all in regard to such matters. If the State  legis-
\nlates  on  the subject falling within List I  that  will  be
\nvoid, inoperative and unenforceable.\n<\/p>\n
     In\t Kerala State Electricity Board v. Indian  Aluminium
\nCompany,<\/a> [1976] 1 SCR 552 this Court said:\n<\/p>\n
\t\t\t“The  power of Parliament to  legis-
\n\t      late with respect to matters included in\tList
\n\t      I is supreme notwithstanding any\t       thing
\n\t      contained in clause (3) (again leaving out  of
\n\t      consi-\t       deration\t the  provision\t  of
\n\t      clause 2). Now what is the mean-\t\t ing
\n\t      of  the words “notwithstanding” in clause\t (1)
\n\t      and  “sub-\t ject to” in clause 3;\tThey
\n\t      mean    that    where   an   entry    is\t  in
\n\t      general  terms  in List II and  part  of\tthat
\n\t      entry  is\t in specific  terms in List  I,\t the
\n\t      entry in List takes effect notwithstanding the
\n\t      entry in List II. This is also on the  princi-
\n\t      ple that the ‘special’ excludes the  ‘general’
\n\t      entry  in\t List II is subject to\tthe  special
\n\t      entry in List I.”\n<\/p><\/blockquote>\n
\t\t   We may now refer to some of the decisions
\n\t      dealing with the inter action of Entry 66 List
\n\t      I and Entry 25 List III. In Gujarat  Universi-
\n\t      ty,  Ahmedabad  v. Krishna  Ranganath,  [1963]
\n\t      Suppl.  1 SCR 112, 137. Shah J.  speaking\t for
\n\t      the  majority view of the\t Constitution  Bench
\n\t      observed:\n<\/p><\/blockquote>\n
\t\t       “Item  63 to 66 of List I are  carved
\n\t      out of the subject of education and in respect
\n\t      of  these\t items\tthe power  to  legislate  is
\n\t      vested  exclusively in the Parliament. Use  of
\n\t      the expression “Subject to” in item 11 of List
\n\t      II  of the Seventh Schedule clearly  indicates
\n\t      that  legislation in respect of excluded\tmat-
\n\t      ters cannot be undertaken by the State  Legis-
\n\t      latures. In Hingir Rampur Coal Co. v. State of
\n\t      Orissa<\/a> [1961] 2 SCR 537, this Court in consid-
\n\t      ering  the import of the\texpression  “Subject
\n\t      to” used in an entry in List II in relation to
\n\t      an entry in List I observed that to the extent
\n\t      of  the restriction imposed by the use of\t the
\n\t      expression “subject to” in an entry in List II
\n\t      the power is taken away from
\n\t       957<\/span>
\n\t      the  State Legislature. Power of the State  to
\n\t      Legislate\t in respect of\teducation  including
\n\t      Universities must to the extent to which it is
\n\t      entrusted to the Union Parliament whether such
\n\t      power  is\t exercised or not, be deemed  to  be
\n\t      restricted.  If  a subject of  legislation  is
\n\t      covered by items 63 to 66 even if it otherwise
\n\t      falls  within the larger field  of  “education
\n\t      including Universities” power to legislate  on
\n\t      that subject must lie with the Parliament.”<\/p><\/blockquote>\n
    This  decision turned on the interpretation\t of  Section
\n4(27)  of Gujarat University Act, and it was held  that\t the
\nUniversity  has no power to prescribe Gujarati or  Hindi  as
\nexclusive  medium  of instruction in higher  education.\t The
\nprinciples enunciated in the Krishna Rangnath case have been
\nreiterated  in\tD.A.V. College, Bhatinda etc.  v.  State  of
\nPunjab & Ors., [1971] Suppl. SCR 677.\n<\/p>\n
    The\t power of the State to prescribe certain  norms\t for
\nadmission  to  colleges came for consideration\tbefore\tthis
\nCourt  in R. Chitralekha & Anr. v. State of Mysore  &  Ors.,<\/a>
\n[1964]\t6  SCR 368 where Subba Rao J., as he then  was,\t ob-
\nserved:\n<\/p>\n
\t      “that if the law made by the States by  virtue
\n\t      of Entry 11 of List II of the Seventh Schedule
\n\t      to the Constitution makes impossible or diffi-
\n\t      cult the exercise of the legislative power  of
\n\t      the Parliament under the entry  “Co-ordination
\n\t      and determination of standards in institutions
\n\t      for higher education or research and scientif-
\n\t      ic and technical institutions” reserved to the
\n\t      Union,  the State law may be bad. This  cannot
\n\t      obviously be decided on speculative and  hypo-
\n\t      thetical reasoning. If the impact of the State
\n\t      law  providing for such standards on entry  66
\n\t      of  List\tI is so heavy or devastating  as  to
\n\t      wipe  out or appreciably abridge\tthe  central
\n\t      field  it\t may be struck down. But that  is  a
\n\t      question\tof  fact to be ascertained  in\teach
\n\t      case.”<\/p><\/blockquote>\n
    The\t learned Judge, however, upheld the impugned  scheme
\nof  the\t State in that case for selection  of  students\t ‘to
\ncolleges  maintained  by the State since it was\t found\tthat
\nthat  scheme only prescribed criteria for making  admissions
\nto  colleges  from among students who  secured\tthe  minimum
\nqualifying  marks prescribed by the University. It was\theld
\nthat  the scheme did not encroach upon the field covered  by
\nEntry 66 List I of the Seventh Schedule to the Constitution.
\nSimilar\t was  the view expressed by this Court in  State  of
\nAndhra Pradesh v. Lavu<\/a>
\n958<\/span>
\nNarendranath  &\t Ors. etc., [1971] 3 SCR 699 and  in  Ambesh
\nKumar v. Principal, LLRM College, Meerut, AIR 1987 SC 400.
\n    What do we have in the present case? There is no  scheme
\nfor admission to colleges. There is a corporate body  estab-
\nlished\tunder  the State enactment with\t powers\t supreme  in
\nregard\tto  all matters pertaining to higher  education.  To
\nmention\t a few, the Commissionerate  constituted  thereunder
\nshall  evolve  a  perspective plan for\tthe  development  of
\nhigher education in the State. It must monitor and  evaluate
\nthe  academic programmes. It must co-ordinate  the  academic
\nactivities of various institutions and universities. It must
\noversee the development and streamline the higher  education
\nin  the entire State. It shall perform all functions  neces-
\nsary  for .the furtherance and maintenance of excellence  in
\nthe  standards\tof higher education in the  State.  It\talso
\ncontrols the entire fund meant for the universities  includ-
\ning grants given by the Central Government for higher educa-
\ntion.\n<\/p>\n
    Since  it was argued that both these enactments  are  in
\nparimateria,  it will be useful to compare the UGC Act\twith
\nthe  corresponding provisions of the Commissionerate Act  by
\nkeeping them side by side:\n<\/p>\n
U.G.C. Act, 1956\t       The Commissionerate Act\n<\/p>\n
1. Statement of Objects and reasons:\n<\/p>\n
“The Constitution of India\tIn order to bring a change
\nvests Parliament with\t\tin the higher education
\nexclusive authority in\t\tsystem in the State so as
\nregard to Co-ordination\t\tto make the courses of
\nand determination of\t\tstudy more relevant to the
\nstandards in institutions\tneeds of the modern society
\nfor higher education or\t\tand to provide opportu-
\nresearch and scientific\t\tnities of earning and
\nand technical instituti-\tlearning simultaneously
\nons. It is obvious\t\tat college level to all the
\nthat neither coordination\tstudents in the State, a
\nnor determination of\t\tfour man committee was
\nstandards is possible\t\tappointed in February, 1986
\nunless the Central\t\tby the State Government to
\nGovernment has some voice\tstudy the higher education
\n959<\/span>
\nin the determination of\t      system in the State with
\nstandards of teaching\t      special reference to curri-
\nand examination in\t      cula and courses of studies,
\nUniversities, both old\t      Finance and Management in
\nand new.\t\t      the Higher Education system.\n<\/p>\n
2. It is, therefore,\t       The Committee in its
\nproposed to establish\t       report submitted to
\na University Grants\t       Government observed
\nCommission as a\t\t       that there is no proper
\ncorporate body which\t       co-ordination and academic
\nwill inquire into the\t       planning among the various
\nfinancial needs of\t       bodies like universities;
\nuniversities and\t       the Directorate of Higher
\nallocate and disburse\t       Eduation and the Univer-
\ngrants to Universities\t       sity Grants Commission etc.
\nfor any general or\t       and there is no policy
\nspecified purpose. The\t       perspective in the
\nCommission will act as an      development of the
\nexpert body to advise\t       Higher Education system
\nthe Central Government\t       in the State and in order
\non problems connected\t       to streamline the general
\nwith the coordination of       working of the higher
\nfacilities and\t\t       Education system in the
\nmaintenance of standards       State the Committee
\nin Universities.\t       suggested to constitute
\nThe Commission, in consul-     a commission to advise
\ntation with the University     the Government in
\nconnected, will also have      matters relating to
\nthe power to cause an\t       higher education in the
\ninspection or inquiry to       State and to oversee
\nbe made of any university      its development. The
\nestablished by law in\t       Government have examined
\nIndia and to advise the\t       the above recommendations
\nuniversity on any matter       and suggestions and
\nwhich has been the\t       decided to constitute
\nsubject of an inquiry or       a Commissionerate of
\ninspection. The Commi-\t       Higher Education.
\nssion shall also advise,
\nwhenever such advise is
\nsought, on the establish-\n<\/p>\n
ment of new Universities.\n<\/p>\n
960<\/span><\/p>\n
Sec. 4 Establishment of\t      Sec. 3. Constitution of
\nthe Commission:\t\t      Commissionerate of
\n\t\t\t      Higher Education:\n<\/p>\n
(1) With effect from such\t The Government may, by
\ndate as the Central Govern-\t notification, and with
\nment may, by notification\t effect on and from such
\nin the official Gazettee,\t date as may be specified
\nappoint, there shall be\t\t therein constitute a
\nestablished a Commission\t Commissionerate for the
\nby the name of the Univer-\t purpose of this Act
\nsity Grants Commission.\t\t to be called The Andhra
\n\t\t\t\t Pradesh Commissionerate
\n\t\t\t\t of Higher Education.\n<\/p>\n
(2) The said Commission\t\t(2) The Commissionerate
\nshall be a body corporate\tshall be a body corporate
\nhaving perpetual\t\thaving perpetual success-
\nsuccession and a common\t\tion and a common seal and
\nseal, and shall by the\t\tshall sue and be used
\nsaid name sue and be sued.\tby the said corporate name.\n<\/p>\n
\t\t\t\t(2)(b) xxx    xxx    xxx\nSec. 5 Composition of the      Sec. 4 Composition of the\nCommission:\t\t       Comissionerate:\n<\/pre>\n
(1) The Commission shall\t(1) The Commissionerate
\nconsist of:–\t\t\tshall consist of:–\n<\/p>\n
(i) A Chairman, and\t\t(i) A Chairman\n<\/p>\n
(ii) A Vice-Chairman, and\t(ii) A Vice-Chairman, and\n<\/p>\n
(iii) ten other members, to\t(iii) not more than ten
\n   be appointed by the\t\tmembers to be appointed by
\n   Central Government\t\tthe State Government
\nSec. 9 Temporary Associa-\t   Sec. 8 Temporary Associa-<\/p>\n
\ntion of person with the\t\t   tion of persons with the\nCommission for particular\t   Commissionerate for\npurpose\t\t\t\t   particular purpose\n(Both these Sections are similar)\n 961<\/span>\nSec. 12 Functions of the       Sec. 11 Powers and Functions\nCommission:\t\t       of the Commissionerate\n<\/pre>\n
It shall be the general duty  It shall be the general duty
\nof the Commission to take,\t  of the Commissionerate to:<\/p>\n
\nin consultation with the\nUniversities or other\t\t  a) evolve a prospective\nbodies. concerned, all\t\t  plan for the development\nsuch steps as it may\t\t  of higher education in the\nthink fit for the\t\t  State;\npromotion and co-ordi-\nnation of University\t\t  b) administer and release\nEducation and for the\t\t  grants-in-aid to Univer-\ndetermination and main-\t\t  sities as private\ntenance of standards\t\t  colleges in the State and\nof teaching, examina-\t\t  report the same to the\ntion and research in\t\t  Government.\nUniversity and for the\npurpose of performing\t\t  c) xxx     xxx     xxx\nits functions under\n<\/pre>\n
this Act, the Commission\t  d) monitor and evaluate
\nmay:–\t\t\t\t  the academic programmes
\n\t\t\t\t  in higher education and
\n\t\t\t\t  enforce accountability
\n\t\t\t\t  in the system.\n<\/p>\n
a) Inquire into the finan-\t e) xxx\t xxx
\ncial needs of Universities\n<\/p>\n
\t\t\t\t f) xxx\t xxx\n<\/p>\n
b) Allocate and disburse,
\nout of the fund of the\t\t g) co-ordinate the
\nCommission, grants to\t\t academic activities of
\nUniversities established\t various institutions of
\nor incorporated by or\t\t higher education in the
\nunder a Central Act for\t\t State.\n<\/p>\n
the maintenance and
\ndevelopment of such\t\t xxx\t xxx
\nuniversities or for
\nany other general or\t\t p) Perform any other
\nspecified purpose.\t\t functions necessary to
\n\t\t\t\t the furtherance and\n<\/p>\n
c) Allocate and disburse\t maintenance of excell-
\nout of the fund of the\t\t ence in the standards of
\nCommission, such grants\t\t higher education in the
\n962<\/span>
\nto other Universities as       State,
\nit may deem necessary or
\nappropriate for the
\ndevelopment of such
\nUniversities or for the
\nmaintenance, or development
\n or both, of any specified
\nactivities of such
\nUniversities or for any
\nother general or  specified
\npurpose recommended to any University the measure
\nnecessary for the improvement
\n of University education and
\nadvise the University upon
\nthe action to be taken
\nfor the\t purpose of implementing
\n such recommendations.\n<\/p>\n
Sec. 13 Inspection:\t\tSec. 13 Inspection:
\n(1) For the purpose of\t\t(1) For the purpose of
\nascertaining the finan-\t\tascertrining the financial
\ncial needs of a Univer-\t\tneeds of a University or its
\nsity or its standards of       standards of teaching, exami-
\nteaching, examination and\tnation and research. the
\nresearch, the Commission\tCommissionerate may, after
\nmay, after consultation with\tconsultation with the Uni-
\nthe University cause an\t\tversity, cause an inspection
\ninspection of any department\tof any department or depart-
\nor departments thereof to\tments thereof to be made in
\nbe made in such manner as\tsuch manner as may be
\nmay be prescribed and by\tprescribed and by such
\nsuch person or persons as\tperson or persons as it may
\nit may direct.\t\t\tdirect.\n<\/p>\n
(2) The Commission\t       (2) The Commissionerate shall
\nshall communicate to\t       communicate to the University
\nthe University the date\t       the date on which any inspec-
\non which any inspection\t       tion under sub-section (1)
\nunder sub-section (1) is       shall be made and the Univer-
\nto be made and the\t       sity shall be entitled to be
\nUniversity shall be\t       associate with inspection
\n963<\/span>
\nentitled to be associa-\t\tin such manner as may be
\nted with the inspection\t\tprescribed.\n<\/p>\n
in such manner as may
\nbe prescribed.\t\t     (3) The Commissionerate shall
\n\t\t\t      communicate to the University
\n\t\t\t       its views in regard to the
\n\t\t\t     result of any such inspection
\n\t\t\t\tand may, after ascertaining
\n\t\t\t      the opinion of the University,
\n\t\t\t\trecommend to the University,
\n\t\t\t\tthe action to be taken as a
\n\t\t\t\tresult of such inspection,
\n\t\t\t\tand the University shall
\n\t\t\t\tcomply with any such
\n\t\t\t\tdirection.\n<\/p>\n
Sec. 16 Fund of the\t     Sec. 12 Fund of the\nCommission\t\t     Commissionerate:\n(1) The Commission shall    (1) The Commissionerate shall\n<\/pre>\n
have its own fund and\t\thave its own fund consisting
\nall sum which may, from\t       of the grants from Government
\ntime to time, be paid\t       voted by the Legislative Ass-
\nto it by the Central\t\tembly of the State towards
\nGovernment and all the\t\tgrants to Universities, and
\nreceipts of the Commi-\t\taided Junior and Degree
\nssion (including any\t\tColleges and grants received
\nsum which any State\t\tfrom Central Government for
\nGovernment or any other\t\thigher education.
\nauthority or person may
\nhandover to the Commi-\t\t(2) All moneys belonging to
\nssion) shall be carried\t\tthe Fund shall be deposited
\nto the fund and all\t\tin such banks or invested in
\npayments by the\t\t\tsuch manner as may, subject
\nCommission shall be\t\tto the approval of the
\nmade therefrom.\t\t      Government, be decided by the
\n\t\t\t\tCommissionerate.\n<\/p>\n
(2) All moneys belong-\n<\/p>\n
ing to the fund shall\t       (3) The Commissionerate may
\nbe deposited in such\t       spend such sums as it thinks
\nbanks or invested in\t       fit for performing its
\nsuch manner as may,\t       functions under this Act,
\nsubject to the approval\t       and such sums shall be
\n964<\/span>
\nof the Central Govern-\t      treated as expenditure
\nment be decided by\t      payable out of the fund
\nthe Commission.\t\t     of the Commissionerate.
\n(3) The Commission may
\nspend such sums as it
\nthinks fit for\tperforming
\nits functions under this
\nAct, and such sums shall
\nbe treated as expenditure
\npayable out of the fund
\nof the\tCommission.\n<\/p>\n
Sec. 18 Annual Report\t       Sec. 14 Annual Report
\nThe Commission shall\t       The Commissionerate shall
\nprepare, once in every\t\tprepare once in every year,
\nyear in such form and at      in such form and at such time
\nsuch time as may be\t      as may be prescribed an Annual
\nprescribed, an annual\t       Report giving a true and full
\nreport giving a true and       account of its activities
\nfull account of its acti-      during the previous year,
\nvities during the previous     and copies thereof shall be
\nyear, and copies thereof       forwarded to the Government
\nshah be forwarded to the\t  and the Government shall
\nCentral Government and the\t  cause the same to be laid
\nGovernment shall cause the\t  before the Legislative
\nsame to be laid before\t\t  Assembly of the State.
\nboth Houses of Parliament.\n<\/p>\n
Sec. 19 Accounts & Audit\tSec. 15 Accounts & Audit
\nSec. 20 Directions by\t      Sec. 16 Directions by the
\nthe Central Government\t      Governments
\n(1) In the discharge of\t      (1) In the discharge of
\nits functions under this      its functions under this Act,
\nAct. the Commission shall     the Commissionerate shall be
\nbe guided by such direc-      guided by such directions
\ntions on questions of\t      on question of policy
\npolicy relating to\t      relating to State purposes
\nnational purposes as may      or in case of any emergency as
\nbe given to it by the\t      may be given to it by the
\n965<\/span>
\nCentral Government.\t       Government.\n<\/p>\n
(2) If any dispute arises\t(2) If any dispute arises
\nbetween the Central\t\tbetween the Government
\nGovernment and the Commi-\tand the Commissionerate
\nssion as to whether a\t\tas to whether a question
\nquestion is or is not a\t\tis or is not a question of
\nquestion of policy\t\tpolicy relating to State
\nrelating to national\t\tpurposes, or whether an
\npurposes the decision of\temergency has arisen, the
\nthe Central Government\t\tdecision of the Government
\nshall be final.\t\t\tthereon shall be final.
\nSec. 25 Power to make Rules\tSec. 18 Power to make Rules
\nSec. 26 Power to make\t     Sec. 19 Power to make
\nRegulations.\t\t     Regulations.”\n<\/p>\n
    We have extracted only such of the provisions similar to
\nthose contained in the UGC Act. That is not all. The Commis-
\nsionerate  Act yet contains sweeping provisions\t encroaching
\non the autonomy of the Universities. Under Section  ll(1)(c)
\nit is for the Commissionerate to decide on the need for, and
\nlocation  of  new colleges and courses\tof  study  including
\nEngineering Colleges. Section 11(1)(f) provides power to the
\nCommissionerate\t to establish and develop  resources  centre
\nfor curriculuam materials and continuing education of teach-
\ners.  Section 11(1)(g) confers power on the  Commissionerate
\nto  coordinate the academic activities of  various  institu-
\ntions of higher education in the State. It is also the\tduty
\nof the Commissionerate to undertake examination reforms\t and
\nassume\taccreditation  functions [Section 11(1)(h)  &  (i)].
\nSection\t 11(1)(j) states that it is the duty of the  Commis-
\nsionerate  to organise entrance test for  University  admis-
\nsion.  Section 11(1)(k) states that it shall administer\t and
\ngrant  scholarship and organise work study programmes.\tSec-
\ntion  11(1)(0) provides power to transfer teachers from\t one
\naided  private college to another such college,\t subject  to
\nthe rules made by the Government. There is yet a devastating
\nprovision  on the autonomy of Universities.   section  11(2)
\nstates\tthat every University or College including the\tpri-
\nvate college shall obtain the prior approval of the  Commis-
\nsionerate  in  regard to: (i) creation of  new\tposts;\t(ii)
\nfinancial  management;\tand  (iii) starting  of\t new  higher
\neducational  institutions. This ‘Super Power’ has been\tpre-
\nserved\tto  the\t Commissionerate  notwithstanding   anything
\ncontained in any law relating to Universities in the  State,
\nthe Board of Intermediate Education
\n966<\/span>
\nAct, 1971 and the Andhra Pradesh Education Act, 1982.
\n    It will be seen that the Commissionerate has practically
\ntaken  over  the academic programmes and activities  of\t the
\nUniversities. The Universities have been rendered irrelevant
\nif not non-entities.\n<\/p>\n
    It is apparent from this discussion that the Commission-
\nerate  Act has been drawn by and large in the same terms  as
\nthat of the U.G.C. Act. The Commissionerate Act, as we\thave
\nearlier\t seen also contains some more provisions.  Both\t the
\nenactments, however, deal with the same subject matter. Both
\ndeal with the co-ordination and determination of  excellence
\nin the standards of teaching and examination in the  Univer-
\nsities. Here and there, some of the words and sentences used
\nin the Commissionerate Act may be different from those\tused
\nin  the\t UGC  Act, but nevertheless, they  convey  the\tsame
\nmeaning.  It  is just like referring the  same\tperson\twith
\ndifferent  descriptions\t and  names. The  intention  of\t the
\nlegislature  has to be gathered by reading the statute as  a
\nwhole.\tThat is a rule which is now firmly  established\t for
\nthe  purpose  of construction of statutes.  The\t High  Court
\nappears to have gone on a tangent. The High Court would\t not
\nhave fallen into an error if it had perused the UGC Act as a
\nwhole and compared it with the Commissionerate Act or  vice-
\ncersa.\n<\/p>\n
    In\tPrem  Chand Jain v. R.K. Chhabra,<\/a> [1984] 2  SCR\t 883
\nthis Court has held that the UGC Act falls under Entry 66 of
\nList  I.  It is then unthinkable as to how the\tState  could
\npass a parallel enactment under Entry 25 of List III, unless
\nit  encroaches Entry 66 of List I. Such an  encroachment  is
\npatent\tand obvious. The Commissionerate Act is\t beyond\t the
\nlegislative  competence\t of  the State\tLegislature  and  is
\nhereby declared void and inoperative.
\n    In the result, these appeals are allowed with costs. The
\njudgment  of  the High Court is reversed. There shall  be  a
\ndirection to the State not to enforce the provisions of\t the
\nimpugned Act.\n<\/p>\n
    Before parting with the case we may say a word more. The
\nimpugned  Act was the result of a report from a\t High  Power
\nCommittee constituted by the State Government. The Committee
\nwent into the affairs of the higher education in the  State.
\nThe Committee examined among other things, the curricula and
\ncourses of studies. The Committee found as a fact that there
\nis  no proper coordination and academic planning  among\t the
\nvarious\t bodies. It recommended to the State Government\t the
\nneed to pass a proper legislation to stream-\n<\/p>\n
967<\/span><\/p>\n
line the higher education. The State Government accepted the
\nrecommendations and passed the Act in question. The Act\t now
\ndisappears  for want of legislation competence.\t What  about
\nthe  need to enact that Act? It will not vanish to the\tthin
\nair.  The  defects and deficiency pointed out  by  the\tHigh
\nPower  Committee in regard to higher education may  continue
\nto remain to the detriment of the interest of the State\t and
\nthe Nation. Such defects in the higher education may not  be
\nan isolated feature only in the State of Andhra Pradesh.  It
\nmay be a common feature in some other States as well.
\n    That  apart, we often hear and read in news papers\twith
\ndisgust\t about the question papers leakage and mass  copying
\nin the University examinations. It has stripped the  univer-
\nsity degrees of all its credibility. He indeed must be blind
\nwho  does not see what is all happening in some of the\tUni-
\nversities.\n<\/p>\n
    The\t Constitution of India vests Parliament with  exclu-
\nsive authority in regard to co-ordination and  determination
\nof  standards  in  institutions for  higher  education.\t The
\nParliament  has\t enacted the UGC Act for that  purpose.\t The
\nUniversity Grants Commission has, therefore, a greater\trole
\nto  play  in shaping the academic life of  the\tcountry.  It
\nshall  not  falter or fail in its duty to  maintain  a\thigh
\nstandard in the Universities. Democracy depends for its very
\nlife on a high standards of general, vocational and  profes-
\nsional education. Dissemination of learning with search\t for
\nnew  knowledge with discipline all round must be  maintained
\nat all costs. It is hoped that University Grants  Commission
\nwill  duly  discharge its responsibility to the\t Nation\t and
\nplay an increasing to role bring about the needed  transfor-
\nmation in the academic life of the Universities.\n<\/p>\n
N.P.V.\t\t\t\t\t\tAppeal\t al-\nlowed.\n968<\/span>\n\n\n\n<\/pre>\n","protected":false},"excerpt":{"rendered":"
Supreme Court of India Osmania University Teachers … vs State Of Andhra Pradesh & Anr on 13 August, 1987 Equivalent citations: 1987 AIR 2034, 1987 SCR (3) 949 Author: K Shetty Bench: Shetty, K.J. (J) PETITIONER: OSMANIA UNIVERSITY TEACHERS ASSOCIATION Vs. RESPONDENT: STATE OF ANDHRA PRADESH & ANR. DATE OF JUDGMENT13\/08\/1987 BENCH: SHETTY, K.J. (J) […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-153590","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"\nOsmania University Teachers ... vs State Of Andhra Pradesh & Anr on 13 August, 1987 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/osmania-university-teachers-vs-state-of-andhra-pradesh-anr-on-13-august-1987\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Osmania University Teachers ... vs State Of Andhra Pradesh & Anr on 13 August, 1987 - 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