- (1.) The writ petition has been filed to declare Section 5 (2), 7(ii), 8 (2), 9(iv), 13(1), 46(c ), 49 and 50 of Sam Hingimbottom University Act, 2016 ( for short 'Act of 2016') to be ultra vires to the provisions of Article 14,15, 25, 28, 29 and 30 of the Constitution of India. A direction has also been sought to restrain the respondent University to receive any fund from the Government rather whatever funds have been allocated to it, be recovered by the Union of India or the State Government.
(2.) Learned counsel for the petitioner submits that the provisions of Section 5 (2), 7(ii), 8 (2), 9(iv), 13(1), 46(c ), 49 and 50 of the Act of 2016 permits receipt of funds and other benefits from the State Government as well as the Union Government whereas other private universities are debarred to receive any fund from the State or the Central Government. Exception to receive funds from the Government is carved out for minority institution though it is not provided even under Article 30 of the Constitution of India. A discrimination has been caused between the private Universities created by the statute. If it is a private University managed by the majority, then it would be barred to receive funds from the Government while a University managed by the minority community can receive the funds.
(3.) In view of the aforesaid, one community members are forced to convert into other community to receive benefit. This should be stopped, thus apart from violation of the Constitutional provision, anarchy created by the legislation needs to be stopped. Prayer is to strike down all the provisions challenged in this writ petition.;