- (1.) THE Punjab University was incorporated under the East Punjab University Act 7 of 1947 (hereinafter referred to as the Act ). This Act replaced the East Punjab university Ordinance, 1947. The seat of the University was stated to be Simla or such other place as may be determined by the Government. To begin with, the university worked from Solan and with the establishment of Chandigarh, its headquarters were shifted to that place. An amendment was made in Section 3 (b)of the Act so as to provide that "the seat of the University shall be at Chandigarh". The necessity to establish this University arose because the Punjab University at lahore became a University of foreign country on the partition of the country and it fell within Pakistan and could not have any jurisdiction over the colleges situated in India. Section 26 of the Act gave the list of colleges which were affiliated to it under the Act. This list shows that various colleges situate in Delhi, East Punjab and East Punjab States were affiliated to this University because they were previously affiliated to the Punjab University at Lahore. By the Punjab University amendment Act, 1960, Section 26 was substituted by the following:- "the colleges affiliated to the University of Punjab, Lahore, on or before the 27th September, 1947, and located in India, shall be deemed to be affiliated to the University and shall be subject to all the provisions of this Act. " Section 27 of the Act authorises the University to accord affiliation to other colleges. Section 30 provides for disaffiliation of cor. No. 16lleges and S. 39 provides- "the Government may by notification define the territorial limits within which, and specify the colleges in respect of which, any powers conferred by this Act shall be exercised. " It has been stated on behalf of the petitioner and the Punjab University that the government never issued any notification defining the territorial limits within which the University was to function or exercise its powers with the result that the power of the University only extends to the colleges affiliated with it from time to time. There are 14 colleges in the districts of Gurdaspur, Amritsar, Jullundar and kapurthala, managed and run by the Dayanand Anglo Vedic College Managing committee, and all these colleges were affiliated to the Punjab University and were disaffiliated by virtue of Section 5 (3) of the Guru Nanak University, Amritsar, act, 1969 and the notification issued thereunder with effect from June 30, 1970. These 14 colleges filed writ petitions in the Supreme Court of India challenging the constitutional validity of Sections 4, 4 (2), 4 (3) and 5 of the said Act as being violative of Arts. 14,19 (1) (c) and (f),26,29 (1) and 30 (1) of the Constitution of india: A prayer was also made to quash the notification dated March 16, 1970, issued by the Governor of Punjab under sub-sections (1) and (3) of S. 5 of the guru Nanak University, Amritsar, Act, specifying the districts of Gurdaspur, amritsar, Jullundar and Kapurthala in the State of Punjab as the area in which the guru Nanak University, Amritsar, shall exercise its power and discharge its duties" and notified "30th day of June, 1970, as the date for the purposes of sub-section (1) in respect of the educational institutions situated within the limits of the aforesaid area. " Their Lordships came to the conclusion that the various provisions of the Guru Nanak University Act and the impugned notification did not involve the contravention of any fundamental rights of the petitioner-colleges and, therefore, held them to be valid. The petitioners had also challenged the legislative competency of the Punjab Legislature to make a provision in Section 5 (3) of the guru Nanak University Act, for the disaffiliation of the colleges already affiliated to the Punjab University but their Lordships did not determine that question as it did not relate to the fundamental rights of the petitioners before them. The result is that the petitioner-society has challenged Section 5 (3) of the Guru Nanak university, Amritsar, Act, and the notification dated March 16, 1970, referred to above, in this petition on various grounds relating to the legislative competence of the Punjab Legislature to pass any law for the disaffiliation of any colleges which were formerly affiliated to the Punjab University.
(2.) THE petition has been contested by the State of Punjab and the Guru Nanak university and has been supported by the Punjab University. The Union of India which has been made a respondent to the petition, has not cared to put in either a return or appearance at the hearing.
(3.) THE learned counsel for the petitioner has mainly argued that Section 72 of the punjab Reorganization Act, 1966, bars the jurisdiction of the Punjab Legislature to pass any law in respect of the Punjab University and, therefore, Section 5 (3) of the Guru Nanak University, Amritsar, Act in so far as it provides for the disaffiliation of the colleges situate in the districts of Gurdaspur, Amritsar. Jullundar and Kapurthala, from the Punjab University, is ultra vires the constitution. His arguments can be summarized under three heads:-- 1. Section 72 of the Punjab Reorganization Act effectuates an amendment of Arts. 245 and 246 and Entry 11 in List II of the Seventh schedule to the Constitution with regard to the Punjab University; 2. On a fair construction of Section 72 of the Punjab Reorganization Act, parliament alone has the power to make the law in respect of the Punjab university; 3 (a) Section 5 (3) of the Guru Nanak University, Amritsar, Act is not a law in respect of the Punjab University; (b) if it is such a law, it is void for lack of territorial nexus. I shall first deal with point No. 2 as the decision on this point shall make the decision on point No. 1 very easy. ;