J.S.Khehar, J. - (1.) The Punjab Agricultural University Act, 1961 was incorporated during the subsistence of the composite State of Punjab prior, to its reorganisation w.e.f. 1.11.1966. The State of Haryana came into existence w.e.f. 1.11.1966. Th the necessity for constituting a separate Agricultural University for the successor State of Haryana was felt by the successor Stataryana. It is, therefore, that the Prliament enacted the Haryana and Punjab Agricultural Universities Act, 1970 (hereinafter referred to as the Joint Agricultural Universities Act).
(2.) For an effective adjudication of the controversy raised in the instant writ petition, it would be essential to narrate how the Parliament came to enact the Joint Agricultural Universities Act. The following paragraphs, therefore, is a brief delineation of the manner in which the Joint Agricultural Universities Act was promulgated.
(3.) The Seventh Schedule of the Constitution of India incorporates three lists i.e. the Union List, the State List and the Concurrent List. The State List incorporates entries in respect of which State Legislatures have exclusive authority to legislate. Vide Entries 11 and 32, incorporated in the State List, jurisdiction for legislating on the subject of education, including universities, was vested in State Legislatures. Entries 11 and 32, as they existed prior to 3.1.1977, are being extracted hereunder:- "Education including universities, subject to the provisions of Entries 63, 64, 65 and 66 of List I and Entry 25 of List III. 32: Incorporation, regulation and winding up of corporation other than those specified in List I, and universities; unincorporated trading, literary, scientific, religious and other societies and associations, co-operative societies." Reference has been made in Entry 11 of the State List to Entries 63, 64, 65 and 66 of the Union List. So as to understand and appreciate the full effect of Entry 11 of the State List, it is imperative to have an over view of Entries 63, 64, 65 and 66 of the Union List. The aforesaid Entries are, accordingly, being extracted hereunder:- "63. The institutions known at the commencement of this Constitution as the Banaras Hindu University, the Aligarh Muslim University and the Delhi University; the University established in pursuance of Article 371E; any other institution declared by Parliament by law to be an institution of national importance. 64. Institutions for scientific or technical education financed by the Government of India wholly or in part and declared by Parliament by law to be institutions of national importance. 65. Union agencies and institutions for-- (a) professional, vocational or technical training, including the training of police officers; or (b) the promotion of special studies or research; or (c) scientific or technical assistance in the investigation or detection of crime. 66. Co-ordination and determination of standards in institutions for higher education or research and scientific and technical education." It is apparent from the aforesaid Entries, that the subject of education, as well as, the subject of universities, were incorporated in the State List. Thus, the State Legislatures alone, had the jurisdiction to legislate in respect to the aforesaid subjects. The Joint Agricultural Universities Act was enacted by the Parliament under Article 252 of the Constitution of India. Article 252 of the Constitution of India is being extracted hereunder:- "252: Power to Parliament to legislate for two or more States by consent and adoption of such legislation by any other state- (1) If it appears to the Legislature of two or more States to be desirable that any of the matters with respect to which Parliament has no power to make laws for the State except as provided in articles 249 and 250 should be regulated in such State by Parliament by law, and if resolutions to that effect are passed by all the Houses of the Legislatures of those States, it shall be lawful for Parliament to pass an Act for regulating that matter accordingly, and any Act so passed shall apply to such States and to any other State by which it is adopted after wards by resolution passed in that behalf by the House or, where there are two Houses, by each of the Houses of the Legislature of that State. (2) Any Act so passed by Parliament may be amended or repealed by an Act of Parliament passed or adopted in like manner but shall not, as respects any State to which it applies, be amended or repealed by an Act of the Legislature of that State." Although, the creation of a university is within the domain, scope and purview of the concerned State Legislature, yet the Parliament enacted the Joint Agricultural Universities Act, by following the procedure laid down in Article 252 of the Constitution of India. A perusal of Article 252 of the Constitution of India reveals, that two or more State Legislatures can resolve to authorise Parliament to legislate on an issue on which "Parliament has no power to make laws".;