vil Appeal Nos
1205 06 of 1987
From the Judgment and Order dated 243
1987 of the Andhra Pradesh High Court in Writ Petition No 15582 of 1986
Dr YS Chitale B Parthasarathy and KV Sreekumar for the Appellant
TS Krishnamurthy Iyer TVSN Chari Ms V Grover and Ms Sunita M for the Respondents
The Judgment of the Court was delivered by 952 JAGANNATHA SHETTY J
This appeal on a certificate raises a short but an important question as to the Constitu tional validity of the Andhra Pradesh Commissionerate of Higher Education Act 1986 Act No 26 of 1986 called shortly The Commissionerate Act
The question is whether the enactment falls within Entry 66 List I or Entry 25 List III Concurrent List of the Seventh Schedule to the Consti tution
The High Court of Andhra Pradesh has upheld its validity by holding that the Act falls under the latter Entry but granted a certificate for leave to appeal to this Court under Article 1331 of the Constitution
The said Act was enacted on the basis of the recommenda tions of a high power committee constituted by the State Government to study the higher education system in the State of Andhra Pradesh with special reference to its curricula courses of study finance and management
The Committee in its report submitted to the Government observed inter alia that there is no proper coordination and academic planning among the various bodies like Universities Directorate of Higher Education and University Grants Commission etc
There is no policy perspective in the development of higher educa tion system
The Committee said that in order to streamline the general working and oversee the development of higher education in the State there is need to constitute a Com mission to advise the Government in that matter
The Government appears to have accepted the said report of the Committee
That is obvious from the Preamble to the Commissionerate Act
It states that Act is to provide for the Constitution of a Commissionerate to advise the Govern ment in matters relating to Higher Education in the State and to oversee its development with perspective planning and for matters connected therewith and incidental thereto Section 2e defines Higher Education to mean interme diate education and education leading to a degree or post graduate degree including professional and technical educa tion
Section 2c defines Commissionerate to mean the Andhra Pradesh Commissionerate of Higher Education consti tuted under subsection 1 of Section 3
Thereunder the Commissionerate has been constituted as a Corporate body
The composition of the Commissionerate is provided under Section 4
The Commissionerate shall consist of Chairman Vice Chairman and not more than 10 members Section 953 41
The Chairman and the Vice Chairman shall be appointed by the Government Section 42
Of the ten members of the Commission three are Secretaries to the Government Educa tion Secretary Labour Secretary and Finance and Planning Secretary
Four of them shall be representing Professors and Vice Chancellors of any of the Universities in the State
One shall represent industry and commerce and another shall represent engineering or legal or medical education
The last one shall be a distinguised educationalist
All these persons are to be appointed only by the Government
The Chairman and ViceChairman shall be whole time and salaried persons and their terms and conditions are provided under Section 51
Section 9 gives overriding effect and power to the Commissionerate over all other authorities and bodies con nected with the Higher Education in the State
Section 91 provides With effect on and from the Constitution of the Commissionerate under Section 3 and not withstanding anything contained in the Andhra Pradesh Intermediate Education Act 1971 and the Andhra Pradesh
Education Act 1982 the Director of Higher Education the Secre tary Board of Intermediate Education and the Secretary to the Board of Technical Education shall function under the administrative con trol of the Commissionerate Section 92 provides power to the Government to appoint a Secretary to the Commissionerate
Rest of the Officers and employees are to be appointed from time to time by the Commissionerate but with the previous approval of the Gov ernment
The Central power of the Commissionerate has been locat ed in Section 11
We may give the gist of it here
The Commissionerate shall i evolve a perspective plan for the development of Higher Education in the State ii monitor and evaluate the academic programmes in higher education and enforce accountability in the system iii establish and develop resources centre for curriculam materials and continuing education of teachers iv co ordinate the academic activities of various institutions of higher education in the State 954 v undertake examination reforms vi establish linkages between Universi ties industries and community development organisations vii transfer teachers appointed in aided posts from one aided private college to anoth er such college subject to such rules as may be made by the Government in this behalf and generally encourage mobility of teachersand viii perform any other functions neces sary for the furtherance and maintenance of excellence in the standards of higher educa tion in the State
Section 112 provides Notwithstanding anything contained in any law relating to Universities in the State the Board of Intermediate Education Act 1971 and the Andhra Pradesh Education Act 1982 every University or college including a private college in the State shall obtain the prior approval of the Commissionerate in regard to i creation of new posts ii financial management and iii starting of new higher educational institutions
Section 13 is another important Section
It provides power for inspection for ascertaining the financial needs of a University or its standards of teaching examination and research
The Commissionerate shall communicate to the University its views in regard to the result of any such inspection and may after ascertaining the opinion of the University recommend to the University the action to be taken as a result of such inspection and the University shall comply with any such direction
Section 16 states that the Commissionerate shall be guided by such directions issued by the Government on ques tions of policy relating to State purposes or in case of any emergency as may be given to it by the Government
Section 18 confers power to the Government to make rules to carry out all or any of the purposes of the Act
Section 19 955 provides power to the Commissionerate to make regulations consistent with the Act and the rules made thereunder
The sole contention of Dr Chitale learned counsel for the appellant is that the Commissionerate Act is just a duplicate of the University Grants Commission Act The UGC Act and the State has no legislative power at all to enact it since it squarely falls under Entry 66 List I
But the contention of Mr Krishnamurthy Iyer learned counsel for the State of Andhra Pradesh is to the contrary
While supporting the judgement of the High Court he submitted that the enactment in pith and substance falls within Entry 25 of List III and not under Entry 66 of List I of the Seventh Schedule
For proper consideration of the conten tions we may set out these two Entries Entry 66 List I Co ordination and determination of standards in institution for higher education or research and scientific and techni cal institutions
 Entry 25 List III Education including technical education medical education and universities subject to the provisions of entries 63 64 65  66 of List I vocational and technical training of labour Till January 3 1977 Education was a State subject under Entry 11 in List II
By the 42nd Amendment Act 1976 Entry 11 was deleted and it was placed in the Concurrent List by enlarging the Entry 25 as set out above
Entry 25 List III relating to education including tech nical education medical education and Universities has been made subject to the power of Parliament to legislate under Entries 63 to 66 of List I Entry 66 List I and Entry 25 List III should therefore be read together
Entry 66 gives power to Union to see that a required standard of higher education in the country is maintained
The standard of Higher Education including scientific and technical should not be lowered at the hands of any particular State or States
Secondly it is the exclusive responsibility of the Central Government to co ordinate and determine the stand ards for higher education
That power includes the power to evaluate harmonise and secure proper relationship to any 956 project of national importance
It is needless to state that such a coordinate action in higher education with proper standards is of paramount importance to national progress
It is in this national interest the legislative field in regard to education  has been distributed between List I and List III of the Seventh Schedule
The Parliament has exclusive power to legislate with respect to matters included in List I
The State has no power at all in regard to such matters
If the State legis lates on the subject falling within List I that will be void inoperative and unenforceable
In Kerala State Electricity Board vs Indian Aluminium Company 1976 1 SCR 552 this Court said The power of Parliament to legis late with respect to matters included in List I is supreme notwithstanding any thing contained in clause 3 again leaving out of consi deration the provision of clause 2
Now what is the mean ing of the words notwithstanding in clause 1 and sub ject to in clause 3 They mean that where an entry is in general terms in List II and part of that entry is in specific terms in List I the entry in List takes effect notwithstanding the entry in List II
This is also on the princi ple that the special  excludes the general  entry in List II is subject to the special entry in List I We may now refer to some of the decisions dealing with the inter action of Entry 66 List I and Entry 25 List III
In Gujarat Universi ty Ahmedabad vs Krishna Ranganath 1963 Suppl
1 SCR 112 137
Shah J speaking for the majority view of the Constitution Bench observed Item 63 to 66 of List I are carved out of the subject of education and in respect of these items the power to legislate is vested exclusively in the Parliament
Use of the expression Subject to in item 11 of List II of the Seventh Schedule clearly indicates that legislation in respect of excluded mat ters cannot be undertaken by the State Legis latures
In Hingir Rampur Coal Co vs State of Orissa   this Court in consid ering the import of the expression Subject to used in an entry in List II in relation to an entry in List I observed that to the extent of the restriction imposed by the use of the expression subject to in an entry in List II the power is taken away from 957 the State Legislature
Power of the State to Legislate in respect of education including Universities must to the extent to which it is entrusted to the Union Parliament whether such power is exercised or not be deemed to be restricted
If a subject of legislation is covered by items 63 to 66 even if it otherwise falls within the larger field of education including Universities power to legislate on that subject must lie with the Parliament This decision turned on the interpretation of Section 427 of Gujarat University Act and it was held that the University has no power to prescribe Gujarati or Hindi as exclusive medium of instruction in higher education
The principles enunciated in the Krishna Rangnath case have been reiterated in DAV College Bhatinda etc
vs State of Punjab  Ors The power of the State to prescribe certain norms for admission to colleges came for consideration before this Court in R Chitralekha  Anr
vs State of Mysore  Ors
  where Subba Rao J as he then was ob served that if the law made by the States by virtue of Entry 11 of List II of the Seventh Schedule to the Constitution makes impossible or diffi cult the exercise of the legislative power of the Parliament under the entry Co ordination and determination of standards in institutions for higher education or research and scientif ic and technical institutions reserved to the Union the State law may be bad
This cannot obviously be decided on speculative and hypo thetical reasoning
If the impact of the State law providing for such standards on entry 66 of List I is so heavy or devastating as to wipe out or appreciably abridge the central field it may be struck down
But that is a question of fact to be ascertained in each case
 The learned Judge however upheld the impugned scheme of the State in that case for selection of students to colleges maintained by the State since it was found that that scheme only prescribed criteria for making admissions to colleges from among students who secured the minimum qualifying marks prescribed by the University
It was held that the scheme did not encroach upon the field covered by Entry 66 List I of the Seventh Schedule to the Constitution
Similar was the view expressed by this Court in State of Andhra Pradesh vs Lavu 958 Narendranath  Ors
  and in Ambesh Kumar vs Principal LLRM College Meerut  What do we have in the present case There is no scheme for admission to colleges
There is a corporate body estab lished under the State enactment with powers supreme in regard to all matters pertaining to higher education
To mention a few the Commissionerate constituted thereunder shall evolve a perspective plan for the development of higher education in the State
It must monitor and evaluate the academic programmes
It must co ordinate the academic activities of various institutions and universities
It must oversee the development and streamline the higher education in the entire State
It shall perform all functions neces sary for the furtherance and maintenance of excellence in the standards of higher education in the State
It also controls the entire fund meant for the universities includ ing grants given by the Central Government for higher educa tion
Since it was argued that both these enactments are in parimateria it will be useful to compare the UGC Act with the corresponding provisions of the Commissionerate Act by keeping them side by side UGC Act 1956 The Commissionerate Act 1
Statement of Objects and reasons The Constitution of India In order to bring a change vests Parliament with in the higher education exclusive authority in system in the State so as regard to Co ordination to make the courses of and determination of study more relevant to the standards in institutions needs of the modern society for higher education or and to provide opportu research and scientific nities of earning and and technical instituti learning simultaneously ons
It is obvious at college level to all the that neither coordination students in the State a nor determination of four man committee was standards is possible appointed in February 1986 unless the Central by the State Government to Government has some voice study the higher education 959 in the determination of system in the State with standards of teaching special reference to curri and examination in cula and courses of studies Universities both old Finance and Management in and new
the Higher Education system
It is therefore The Committee in its proposed to establish report submitted to a University Grants Government observed Commission as a that there is no proper corporate body which co ordination and academic will inquire into the planning among the various financial needs of bodies like universities universities and the Directorate of Higher allocate and disburse Eduation and the Univer grants to Universities sity Grants Commission etc
for any general or and there is no policy specified purpose
The perspective in the Commission will act as an development of the expert body to advise Higher Education system the Central Government in the State and in order on problems connected to streamline the general with the coordination of working of the higher facilities and Education system in the maintenance of standards State the Committee in Universities
suggested to constitute The Commission in consul a commission to advise tation with the University the Government in connected will also have matters relating to the power to cause an higher education in the inspection or inquiry to State and to oversee be made of any university its development
The established by law in Government have examined India and to advise the the above recommendations university on any matter and suggestions and which has been the decided to constitute subject of an inquiry or a Commissionerate of inspection
The Commi Higher Education
ssion shall also advise whenever such advise is sought on the establish ment of new Universities
Establishment of Sec
Constitution of the Commission Commissionerate of Higher Education 1 With effect from such The Government may by date as the Central Govern notification and with ment may by notification effect on and from such in the official Gazettee date as may be specified appoint there shall be therein constitute a established a Commission Commissionerate for the by the name of the Univer purpose of this Act sity Grants Commission
to be called The Andhra Pradesh Commissionerate of Higher Education
2 The said Commission 2 The Commissionerate shall be a body corporate shall be a body corporate having perpetual having perpetual success succession and a common ion and a common seal and seal and shall by the shall sue and be used said name sue and be sued
by the said corporate name
2b xxx xxx xxx Sec
5 Composition of the Sec
4 Composition of the Commission Comissionerate 1 The Commission shall 1 The Commissionerate consist of shall consist of i A Chairman and i A Chairman ii A Vice Chairman and ii A Vice Chairman and iii ten other members to iii not more than ten be appointed by the members to be appointed by Central Government the State Government Sec
9 Temporary Associa Sec
8 Temporary Associa tion of person with the tion of persons with the Commission for particular Commissionerate for purpose particular purpose Both these Sections are similar Functions of the Sec
11 Powers and Functions Commission of the Commissionerate It shall be the general duty It shall be the general duty of the Commission to take of the Commissionerate to in consultation with the Universities or other a evolve a prospective bodies
concerned all plan for the development such steps as it may of higher education in the think fit for the State promotion and co ordi nation of University b administer and release Education and for the grants in aid to Univer determination and main sities as private tenance of standards colleges in the State and of teaching examina report the same to the tion and research in Government
University and for the purpose of performing c xxx xxx xxx its functions under this Act the Commission d monitor and evaluate may the academic programmes in higher education and enforce accountability in the system
a Inquire into the finan e xxx xxx cial needs of Universities f xxx xxx b Allocate and disburse out of the fund of the g co ordinate the Commission grants to academic activities of Universities established various institutions of or incorporated by or higher education in the under a Central Act for State
the maintenance and development of such xxx xxx universities or for any other general or p Perform any other specified purpose
functions necessary to the furtherance and c Allocate and disburse maintenance of excell out of the fund of the ence in the standards of Commission such grants higher education in the 962 to other Universities as State it may deem necessary or appropriate for the development of such Universities or for the maintenance or development or both of any specified activities of such Universities or for any other general or specified purpose recommended to any University the measure necessary for the improvement of University education and advise the University upon the action to be taken for the purpose of implementing such recommendations
13 Inspection Sec
13 Inspection 1 For the purpose of 1 For the purpose of ascertaining the finan ascertrining the financial cial needs of a Univer needs of a University or its sity or its standards of standards of teaching exami teaching examination and nation and research
the research the Commission Commissionerate may after may after consultation with consultation with the Uni the University cause an versity cause an inspection inspection of any department of any department or depart or departments thereof to ments thereof to be made in be made in such manner as such manner as may be may be prescribed and by prescribed and by such such person or persons as person or persons as it may it may direct
direct
2 The Commission 2 The Commissionerate shall shall communicate to communicate to the University the University the date the date on which any inspec on which any inspection tion under sub section 1 under sub section 1 is shall be made and the Univer to be made and the sity shall be entitled to be University shall be associate with inspection 963 entitled to be associa in such manner as may be ted with the inspection prescribed
in such manner as may be prescribed
3 The Commissionerate shall communicate to the University its views in regard to the result of any such inspection and may after ascertaining the opinion of the University recommend to the University the action to be taken as a result of such inspection and the University shall comply with any such direction
16 Fund of the Sec
12 Fund of the Commission Commissionerate 1 The Commission shall 1 The Commissionerate shall have its own fund and have its own fund consisting all sum which may from of the grants from Government time to time be paid voted by the Legislative Ass to it by the Central embly of the State towards Government and all the grants to Universities and receipts of the Commi aided Junior and Degree ssion including any Colleges and grants received sum which any State from Central Government for Government or any other higher education
authority or person may handover to the Commi 2 All moneys belonging to ssion shall be carried the Fund shall be deposited to the fund and all in such banks or invested in payments by the such manner as may subject Commission shall be to the approval of the made therefrom
Government be decided by the Commissionerate
2 All moneys belong ing to the fund shall 3 The Commissionerate may be deposited in such spend such sums as it thinks banks or invested in fit for performing its such manner as may functions under this Act subject to the approval and such sums shall be 964 of the Central Govern treated as expenditure ment be decided by payable out of the fund the Commission
of the Commissionerate
3 The Commission may spend such sums as it thinks fit for performing its functions under this Act and such sums shall be treated as expenditure payable out of the fund of the Commission
18 Annual Report Sec
14 Annual Report The Commission shall The Commissionerate shall prepare once in every prepare once in every year year in such form and at in such form and at such time such time as may be as may be prescribed an Annual prescribed an annual Report giving a true and full report giving a true and account of its activities full account of its acti during the previous year vities during the previous and copies thereof shall be year and copies thereof forwarded to the Government shah be forwarded to the and the Government shall Central Government and the cause the same to be laid Government shall cause the before the Legislative same to be laid before Assembly of the State
both Houses of Parliament
19 Accounts  Audit Sec
15 Accounts  Audit Sec
20 Directions by Sec
16 Directions by the the Central Government Governments 1 In the discharge of 1 In the discharge of its functions under this its functions under this Act Act
the Commission shall the Commissionerate shall be be guided by such direc guided by such directions tions on questions of on question of policy policy relating to relating to State purposes national purposes as may or in case of any emergency as be given to it by the may be given to it by the 965 Central Government
Government
2 If any dispute arises 2 If any dispute arises between the Central between the Government Government and the Commi and the Commissionerate ssion as to whether a as to whether a question question is or is not a is or is not a question of question of policy policy relating to State relating to national purposes or whether an purposes the decision of emergency has arisen the the Central Government decision of the Government shall be final
thereon shall be final
25 Power to make Rules Sec
18 Power to make Rules Sec
26 Power to make Sec
19 Power to make Regulations
Regulations
 We have extracted only such of the provisions similar to those contained in the UGC Act
That is not all
The Commis sionerate Act yet contains sweeping provisions encroaching on the autonomy of the Universities
Under Section ll1c it is for the Commissionerate to decide on the need for and location of new colleges and courses of study including Engineering Colleges
Section 111f provides power to the Commissionerate to establish and develop resources centre for curriculuam materials and continuing education of teach ers
Section 111g confers power on the Commissionerate to coordinate the academic activities of various institu tions of higher education in the State
It is also the duty of the Commissionerate to undertake examination reforms and assume accreditation functions Section 111h  i
Section 111j states that it is the duty of the Commis sionerate to organise entrance test for University admis sion
Section 111k states that it shall administer and grant scholarship and organise work study programmes
Sec tion 1110 provides power to transfer teachers from one aided private college to another such college subject to the rules made by the Government
There is yet a devastating provision on the autonomy of Universities
section 112 states that every University or College including the pri vate college shall obtain the prior approval of the Commis sionerate in regard to i creation of new posts ii financial management and iii starting of new higher educational institutions
This Super Power  has been pre served to the Commissionerate notwithstanding anything contained in any law relating to Universities in the State the Board of Intermediate Education and the Andhra Pradesh Education Act 1982
It will be seen that the Commissionerate has practically taken over the academic programmes and activities of the Universities
The Universities have been rendered irrelevant if not non entities
It is apparent from this discussion that the Commission erate Act has been drawn by and large in the same terms as that of the UGC Act
The Commissionerate Act as we have earlier seen also contains some more provisions
Both the enactments however deal with the same subject matter
Both deal with the co ordination and determination of excellence in the standards of teaching and examination in the Univer sities
Here and there some of the words and sentences used in the Commissionerate Act may be different from those used in the UGC Act but nevertheless they convey the same meaning
It is just like referring the same person with different descriptions and names
The intention of the legislature has to be gathered by reading the statute as a whole
That is a rule which is now firmly established for the purpose of construction of statutes
The High Court appears to have gone on a tangent
The High Court would not have fallen into an error if it had perused the UGC Act as a whole and compared it with the Commissionerate Act or vice cersa
In Prem Chand Jain vs RK Chhabra  this Court has held that the UGC Act falls under Entry 66 of List I
It is then unthinkable as to how the State could pass a parallel enactment under Entry 25 of List III unless it encroaches Entry 66 of List I Such an encroachment is patent and obvious
The Commissionerate Act is beyond the legislative competence of the State Legislature and is hereby declared void and inoperative
In the result these appeals are allowed with costs
The judgment of the High Court is reversed
There shall be a direction to the State not to enforce the provisions of the impugned Act
Before parting with the case we may say a word more
The impugned Act was the result of a report from a High Power Committee constituted by the State Government
The Committee went into the affairs of the higher education in the State
The Committee examined among other things the curricula and courses of studies
The Committee found as a fact that there is no proper coordination and academic planning among the various bodies
It recommended to the State Government the need to pass a proper legislation to stream 967 line the higher education
The State Government accepted the recommendations and passed the Act in question
The Act now disappears for want of legislation competence
What about the need to enact that Act It will not vanish to the thin air
The defects and deficiency pointed out by the High Power Committee in regard to higher education may continue to remain to the detriment of the interest of the State and the Nation
Such defects in the higher education may not be an isolated feature only in the State of Andhra Pradesh
It may be a common feature in some other States as well
That apart we often hear and read in news papers with disgust about the question papers leakage and mass copying in the University examinations
It has stripped the univer sity degrees of all its credibility
He indeed must be blind who does not see what is all happening in some of the Uni versities
The Constitution of India vests Parliament with exclu sive authority in regard to co ordination and determination of standards in institutions for higher education
The Parliament has enacted the UGC Act for that purpose
The University Grants Commission has therefore a greater role to play in shaping the academic life of the country
It shall not falter or fail in its duty to maintain a high standard in the Universities
Democracy depends for its very life on a high standards of general vocational and profes sional education
Dissemination of learning with search for new knowledge with discipline all round must be maintained at all costs
It is hoped that University Grants Commission will duly discharge its responsibility to the Nation and play an increasing to role bring about the needed transfor mation in the academic life of the Universities
NPV Appeal al lowed


Summary:
The Andhra Pradesh Commissionerate of Higher Education Act 1986 Act No 26 of 1986 providing for the constitu tion of a Commissionerate to advise the Government in mat ters relating to Higher Education in the State and to over see its development with perspective planning and for mat ters connected therewith and incidental thereto and to perform all functions necessary for the furtherance and maintenance of excellence in the standards of higher educa tion in the State was enacted on the basis of the recommen dations of a high power committee constituted by the State Government to study the Higher Education system in the State with special reference to its curricula courses of study finance and management
The validity of the aforesaid Act was challenged in the High Court which while upholding it held that the Act fell under Entry 25 List III Concurrent List of the Seventh Schedule to the Constitution of India
In the appeals to this Court it was contended on behalf of the appellant that the Act was just a duplicate of the University Grants Commission Act and the State had no legis lative power at all to enact it since it squarely fell under Entry 66 List I
On behalf of the Staterespondent it was submitted that the enactment in pith and substance fell within Entry 25 of List III and not under Entry 66 of List I of the Seventh Schedule
Allowing the appeals this Court 950 HELD 11 Entry 25 List III relating to education in cluding technical education medical education and Universi ties had been made subject to the power of Parliament to legislate under Entries 63 to 66 of List I Entry 66 List I and Entry 25 List III should therefore be read together
955F G 12 Entry 66 gives power to the Union to see that a required standard of higher education in the country is maintained
The standard of Higher Education including scientific and technical should not be lowered at the hands of any particular State or States
It is the exclusive responsibility of the Central Government to co ordinate and determine the standards for higher education
That power includes the power to evaluate harmonise and secure proper relationship to any project of national importance
It is needless to state that such a coordinate action in higher education with proper standards is of paramount importance to national progress
It is in this national interest the legislative field in regard to education  has been distrib uted between List 1 and List 111 of the Seventh Schedule 955G H 956A B 13 Parliament has exclusive power to legislate with respect to matters included in List I
The State has no power at all in regard to such matters
If the State legis lates on the subject failing within List I that will be void inoperative and unenforceable
956B 14 The Commissionerate Act has been drawn by and large in the same terms as that of the UGC Act
Both the enact ments deal with the co ordination and determination of excellence in the standards of teaching and examination in the Universities
Here and there some of the words and sentences used in the Commissionerate Act may be different from those used in the UGC Act but nevertheless they convey the same meaning
It is just like referring the same person with different descriptions and names
966B D 15 The High Court has gone on a tangent and would not have fallen into an error if it had perused the UGC Act as a whole and compared it with the Commissionerate Act or vice versa
966D 16 The Commissionerate Act contains sweeping provisions encroaching on the autonomy of the Universities
The Commis sionerate has practically taken over the academic programme and activities of the universities
The universities have been rendered irrelevant if not nonentities
965D 966A B 17 It is unthinkable as to how the State could pass a parallel 951 enactment under Entry 25 of List III unless it encroaches Entry 66 of List I Such an encroachment is patent and obvi ous
The Commissionerate Act is beyond the legislative competence of the State Legislature and is hereby declared void and inoperative
966E F 18 The Constitution of India vests Parliament with exclusive authority in regard to co ordination and determi nation of standards in institutions for higher education
The Parliament has enacted the UGC Act for that purpose
The University Grants Commission has therefore a greater role to play in shaping the academic life of the country
It shall not falter or fail in its duty to maintain a high standard in the Universities
Democracy depends for its very life on high standards of general vocational and profes sional education
Dissemination of learning with search for new knowledge with discipline all round must be maintained at all costs
967D E The University Grants Commission it is hoped will duly discharge its responsibility to the Nation and play an increasing role to bring about the needed transformation in the academic life of the Universities
967E F Kerala State Electricity Board vs Indian Aluminium Company 1976 1 SCR 552 Gujarat University Ahmedabad vs Krishna Ranganath 1963 Suppl
1 SCR 112 DAV College Bhatinda etc
vs State of Punjab  Ors
  R Chitralekha  Ant
vs State of Mysore  Ors
   State of Andhra Pradesh vs Lavu Narendranath  Ors etc   Ambesh Kumar vs Principal LLRM College Meerut  and Prem Chand Jain vs RK Chhabra   referred to