MARTIN LUTHER CHRISTIAN UNIVERSITY Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Heard Mr. HS Thangkhiew, learned senior counsel assisted by Mr. N Mozika, learned counsel for the petitioner -university, Mr. R Deb Nath, learned CGC appearing for the respondent No. 1, Mr. B Deb, learned counsel assistant to (Late) Mr. SC Shyam, learned senior counsel appearing for the respondents No. 2 & 3 and Mr. ND Chullai, learned Sr.GA assisted by Mr. B Khyriem, learned GA appearing for the respondent No. 4.

(2.) The prayers in the writ petition are: - -

(3.) Consequent to the enactment of "Martin Luther Christian University Act, 2005 (Meghalaya Act No. 11 of 2005) by the Legislature of the State of Meghalaya and followed by receipt of assent of the Governor of Meghalaya on 06.07.2005, and consequent Gazette Notification in the Gazette of Meghalaya dated 13.07.2005, the petitioner -university was established under Sec. 3 of the Martin Luther Christian University Act, 2005 (for short 'the said Act of 2005'). The petitioner -university is a self financing organization in terms of the provisions of Sec. 5 of the said Act of 2005 and had not prayed for any grant -in -aid or any other financial assistance from the respondents including the respondent No. 2 i.e. University Grants Commission. Sec. 6 of the said Act of 2005 confers the right of the university to have constituent colleges, regional centres and study centres and also to affiliate any college or other institution. Sec. 8 of the said Act of 2005 inter -alia confers power on the petitioner -university to establish institution and confer degrees, titles, diplomas, certificates and other academic distinctions as well as to approve and designate colleges and establish special centres and units, classrooms, study halls etc. within the premises of the university or elsewhere. Further Sec. 51 of the said Act of 2005 provides that the establishment, maintenance of standard and any other matter concerning the university including affiliation of colleges, constituent colleges, study centres and regional centres would be subject to the University Grants Commission (Establishment and Maintenance of Standards in Private Universities) Regulations, 2003, as amended from time to time and any other regulation or direction that may be issued by the UGC from time to time. For easy reference Ss. 2(1) & 2(1)(xxvii), 3, 4(1) & 4(3), 5 and 51 are quoted hereunder: - -