Osmania University Teachers Association. Vs. The State of Andhra Pradesh & Anr.
EmailUniversity Grants Commission Act – Constitution of India, 1950; Seventh Schedule, Entry 66 of List I and Entry 25 of List III – Challenge to the constitutional validity of the Commissionerate Act – The Commissionerate Act is parallel to Entry 66 of List I – The Commissionerate Act is beyond the legislative competence of the State Legislature and is void and inoperative.
(ii) It is apparent from this discussion that the Commissionerate
Act has been drawn by and large in the same terms as that of the U.G.C. 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 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. 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-versa. (Para 25)
(iii) In PREM CHAND JAIN VS. R.K. CHHABRA 1984 (2) SCR 883 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. (Para 26)
2. R.Chitralekha & Anr. v. State of Mysore & Ors., 1964 (6) SCR 368.
3. D.V. College, Bhatinda etc. v. State of Punjab & Ors., 1971 (Suppl.) SCR 677.
4. State of Andhra Pradesh v. Lavu Narendranath & Ors. etc., 1971 (3) SCR 699.
5.Kerala State Electricity Board v. Indian Aluminium Company., 1976 (1) SCR 552.
6. Ambesh Kumar v. Principal LLRM College, Meerut., AIR 1987 SC 400.
1. This appeal on a certificate raises a short but an important question as to the Constitutional 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 Constitution. 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 133(1) of the Constitution.
2. The said Act was enacted on the basis of the recommendations 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 education 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 Commission to advise the Government in that matter.
3. 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 Government 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.”
4. Section 2(e) defines “Higher Education” to mean intermediate education and education leading to a degree or post graduate degree including professional and technical education.
5. Section 2(c) defines “Commissionerate” to mean the Andhra Pradesh Commissionerate of Higher Education constituted under sub-section (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 4(1)). The Chairman and the Vice-Chairman shall be appointed by the Government (Section 4(2)). Of the ten members of the Commission, three are Secretaries to the Government:Education 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 distinguished educationlist. All these persons are to be appointed only by the Government. The Chairman and Vice-Chairman shall be whole time and salaried persons and their terms and conditions are provided under section 5(1).
6. Section 9 gives overriding effect and power to the Commissionerate over all other authorities and bodies connected with the Higher Education in the state. Section 9(1) provides:
“With effect on and from the Constitution of the Commissionerate under Section 3 and notwithstanding anything contained in the Andhra Pradesh Intermediate Education Act, 1971, and the Andhra Pradesh Education Act, 1982, the director of Higher Education, the Secretary, Board of Intermediate Education and the secretary to the Board of Technical Education shall function under the administrative control of the Commissionerate.”
7. Section 9(2) 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 Government.
8. The Central power of the Commissionerate has been located 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;
v) undertake examination reforms;
vi) establish linkages between Universities industries and community development organisations;
vii) transfer teachers appointed in aided posts from one aided private college to another such college subject to such rules as may be made by the Government in this behalf and generally encourage mobility of teachers; and
viii) perform any other functions necessary for the furtherence and maintenance of excellence in the standards of higher education in the state.
9. Section 11(2) 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.”
10. 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.
11. Section 16 states that the Commissionerate shall be guided by such directions issued by the Government on question 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 provides power to the Commissionerate to make regulations consistent with the Act and the rules made thereunder.
12. 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 judgment 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 contentions we may set out these two Entries:
Entry 66 List I:
“Co-ordination and determination of standards in institutions for higher education or research and scientific and technical 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.”
13. Till January 3, 1977, Education was a State subject under Entry 11 in List II. By the 42nd Amendment Act, 1976, Entry II was deleted and it was placed in the Concurrent List by enlarging the Entry 25, as set out above.
14. Entry 25 List III relating to education including technical 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 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 State or States. Secondly, 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 distributed between List I and List III of the Seventh Schedule.
15. 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 legislates on the subject felling within List I that will be void, inoperative and unenforceable.
16. In KERALA STATE ELECTRICITY BOARD V. INDIAN ALUMINIUM COMPANY 1976 (1) SCR 552 this Court said:
“The power of Parliament to legislate with respect to matters included in List I is supreme notwithstanding anything contained in clause (3) (again leaving out of consideration the provision of clause 2). Now what is the meaning of the words “notwithstanding” in clause (1) and “subject 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 Principle that the ‘special’ excludes the ‘general’ entry in List II is subject to the special entry in List I.”
17. 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 GUJARATI UNIVERSITY, AHMEDABAD V. KRISHNA RANGANATH 1963 (suppl.) 1 SCR 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 matters cannot be undertaken by the State Legislatures. In HINGIR RAMPUR COAL CO. V. STATE OF ORISSA this Court in considering 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 the State Legislature. Power of the State of Legislate in respect of education including University 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.
18. This decision turned on the interpretation of Section 4(27) of Gujarat University Act, and it was held that the University has no power to prescribe Gujrati or Hindi as exclusive medium of instruction in higher education. The principles enunciated in the KRISHNA RANGANATH case have been reiterated in D.A.V. COLLEGE, BHATINDA ETC. VS. STATE OF PUNJAB & ORS. 1971 (Suppl.) SCR 677.
19. The power of the State to prescribe certain norms for admission to college came for consideration before this Court in R.CHITRALEKHA & ANR. VS. STATE OF MYSORE & ORS. 1964 (6) SCR 368 where Subba Rao J., as he then was, observed:
“.. that if the law made by the State by virtue of Entry 11 of List II of the Seventh Schedule to the Constitution makes impossible or difficult 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 scientific and technical institutions” reserved to the Union, the State law may be bad. This cannot obviously be decided on speculative and hypothetical 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 question of fact to be ascertained in each case.”
20. 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 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 NARENDRANATH & ORS. ETC. 1971 (3) SCR 699 and in AMBESH KUMAR V. PRINCIPAL LLRM COLLEGE, MEERUT AIR 1987 SC 400*.
21. What do we have in the present case? There is no scheme for admission to colleges. There is a corporate body established 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 necessary 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 including grants given by the Central Government for higher education.
22. Since it was argued that both these enactments are in pari materia, it will be useful to compare the UGC Act with the corresponding provisions of the Commissionerate Act by keeping them side by side:
U.G.C.Act, 1956 The Commissionerate Act
——————————
1. Statement of Objects and reasons:
——————-
“The Constitution of India vests In order to bring a change in the Parliament with exclusive author higher education system in the ity in regard to Co-ordination State so as to make the courses and determination of standars in of study more relevant to the institutions for higher education needs of the modern society and or research and scientific and to provide opportunities of technical institutions. It is earning and learning simultane obvious that neither coordination ously at college level to all the nor determination of standars is students in the State, a four man possible unless the Central committee was appointed in Febru Government has some voice in the ary, 1986 by the State Government determination of standars of to study the higher education teaching and examination in system in the curricula and Universities, both old and new. courses of studies, Financie and
Management in the Higher Educa
tion system. 2. It, is, therefore, proposed The Committee in its report to establish a University Grants submitted to Government observed Commission as a corporate body that there is no proper coordi which will inquire into the nation and academic planning financial needs of Universities among the various bodies like and allocate and disburse grants Universities; the Directorate of to Universities for any general Higher Eduation and the Universi or specified purpose. The Com ty Grants Commission etc. and mission will act as an expert there is no policy perspective in body to advise the Central Gov nthe development of the Higher ernment on problems connected Education system in the State and with the coordination of facili in order to streamline the gener ties and maintenance of standards al working of the higher Educa in Universities. The Commission, tion system in the State the in consultation with the Univers Committee suggested to constitute ity connected, will also have the a commission to advise the Gover power to cause an in spection or ment in matters relating to inquiry to be made of any uni higher education in the State and versity established by law in to oversee its development. The India and to advise the univers Government have examined the ity on any matter which has been above recommendations and sugges the subject of an inquiry or tions and decided to constitute inspection. The Commission shall a Commissionerate of Higher also advise, whenever such advise Education.
is sought, on the establishment
of new Universities.
Sec. 4 Establishment of the Sec. 3. Constitution of Commis
Commissioner: sionerate of Higher Education:
1) With effect from such date as The Government may, by notifica the Central Government may, by tion, and with effect on and fromnotification in the official such date as may be specified Gazettee, appoint, there shall be therein constitute a Commission established a Commission by the erate for the purpose of this Actname of the University Grants to be called The Andhra Pradesh Commission. Commissionerate of Higher Educa
tion.
(2) The said Commission shall be a body corporate having perpetual (2) The Commissionerate shallsuccession and a common seal, and be a body corporate having per shall by the said name sue and be petual succession and a common sued. seal and shall sue and be used by
the said corporate name.
(2) (b) xxx xxx xxx
Sec. 5 Composition of the Commis Sec. 4 : Composition of the
sion: Commissionerate:
(1) The Commission shall Consist (1) The Commissionerate shall
of :- consist of:-
(i) A Chairman, and (i) A Chairman
(ii) A Vice-Chairman, and (ii) A Vice-Chairman, and (iii) ten other members, to be (iii) not more than ten membersappointed by the Central Govern to be appointed by the State
ment Government.
Sec.9 Temporary Association of Sec.8 Temporary association of
person with the Commission for persons with the Commissioner-
particular purpose ate for particular purpose
(Both these Sections are similar)
Sec. 12. Functions of the Commis Sec. 11 Powers and Functions sion: of the Commissionerate
It shall be the general duty of It shall be the general duty of the Commission to take, in con the Commissionerate to: sultation with the Universities or other bodies concerned, all a) evolve a prospective plan for such steps as it may think fit the development of higher educa for the promotion and co-ordina tion in the tion of University Education and b) administer and release for the determination and main grants-in-aid to Universities as tenance of standards of teaching, private colleges in the State andexamination and research in report the same to the Govern University and for the purpose of ment. performing its functions under this Act, the Commission may:- c) xxx xxx xxx
a) Inquire into the financial d) monitor and evaluate the needs of Universities academic programmes in higher
education and enforce account
b) Allocate and disburse, out of ability in the system. the fund of the Comission, grants to Universities established or c) xxx xxx incorporated by or under a Cen tral Act for the maintenance and f) xxx xxx development of such universities or for any other general or g) co-ordinate the academic specified purpose. activities of various institu
tions of higher education in the
c) Allocate and disburse out of State. the fund of the Commission, such grants to other Universities as xxx xxx
it may deem necessary or appro priate for the development ofsuch p) Perform any other functions Universities or for the main necessary to the furtherance and tenance, or development or both, maintenance of excellence in the of any specified activities of standards of higher education in such Universities or for any the State. other general or specified purpose recommended to any Univer-
sity the measure necessary for the improvement of University education and advise the Univer-
sity upon the action to be taken for the purpose of implementing
such recommendations.
Sec. 13 Inspection: Sec. 13 Inspection:
(1) For the purpose of ascertrin 1) For the purpose of ascertain ing the financial needs of a ing the financial needs of a University or its standards of University or its standards of teaching, exatnination and re teaching, examination and the research, the Commissionerate may, search, the Commission may, afterafter consultation with the Uni consultation with the University versity, cause an inspection of cause an inspection of any de any department or departments partment or departments thereof thereof to be made in such manner to be made in such manner as may as may be prescribed and by such be prescribed and by such person person or persons as it may or persons as it may direct. direct.
(2) The Commission shall communi (2) The Commissionerate shall cate to the University the date communicate to the University theon which any inspection under date on which any inspection sub-section (1) is to be made and under sub-section (1) shall be the University shall be entitled made and the University be enti to be associated with the inspec tled to be associate with the tion in such manner as may be inspection in such manner as prescribed. 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 inspec tion, and the University shall comply with any such direction.
Sec. 16 Fund of the Commission Sec. 12 Fund of the Commis-
sionerate:
1) The Commissioner shall have (1) The Commissionerate shall its own fund and all sum which have its own fund consisting ofmay, from time to time, be paid the grants from Government voted
to it by the Central Government by the Legislative Assembly of and all the receipts of the the State towards grants to Commissioner (including any sum Universities, and aided Junior which any State Government or any and Degree Colleges and grants other authority or person may received from Central Governmenthandover to the Commission) shall for higher education. be carried to the fund and all
payments by the such Commission shall be made therefrom. (2) All moneys belonging to the
Fund shall be deposited in such
banks or invested in such manner
as may, subject to the approval of the Government be decided by the Commissionerate.
(2) All moneys belonging to the
fund shall be deposited in such (3) The Commissionerate may
banks or invested in such manner spend such sums as it thinks as may, subject to the approval fit for performing its functionsof the Central Government be under this Act, and such sums decided by the Commission. shall be treated as expenditure payable out of the fund of the
Commissionerate.
(3) The Commissioner 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.
Sec. 18 Annual Report Sec. 14 Annual Report
The Commission shall prepare, The Commissionerate shall prepareonce in every year in such form once in every year, in such form and at such time as may be pre and at such time as may be pre scribed, an annual report giving scribed an Annual Report giving aa true and full account of its true and full account of its activities during the previous activities during the previous year, and copies thereof shall be year, and copies thereof shall beforwarded to the Central Govern forwarded to the Government and ment and the Government shall the Government shall cause the cause the same to be laid before same to be laid before the Legisboth laid before the Legislative lative Assembly of the State. Assembly of Houses of Parliament.
Sec. 19 Accounts & Audit Sec. 15 Accounts & Audit
Sec. 20 Directions by See. 16 Directions by the
the Central Government Governments
(1) In the discharge ofits func (1) In the discharge of its tions under this Act, the Commis functions under this Act, the sion shall be guided by such Commissionerate shall be guided directions on questions of policy by such directions on question ofrelating to national purposes as policy relating to State purposesmay be given to it by the Cen or in case of any emergency as tral Government. may be given to it by the Govern
ment.
(2) If any dispute arises bet (2) If any dispute arises betweenween the Central Government and the Government and the Commis the Commission as to whether a sionerate as to whether a ques
question is or is not a quest- tion is or is not a question of
ion of policy relating to nation policy relating to State purpos al purposes the decision of the es, or whether an emergency has Central Government shall be arisen, the decision of the final. Government thereon shall be
final.
Sec.25 Power to make Sec.18 Power to make
Rules. Rules.
Sec.26 Power to make Sec.19 Power to make
Regulations Regulations
23. We have extracted only such of the provisions similar to those contained in the UGC Act. That is not all. The Commissionerate Act yet contains sweeping provisions encroaching on the autonomy of the Universities. Under Section 11 (1)(c) it is for the Commissionerate to decide on the need for, and location of new colleges and courses of study including Engineering Colleges. Section 11 (1)(f) provides power to the Commissionerate to establish and develop resources centre for curriculam materials and continuing education of teachers. Section 11(1)(g) confers power on the Commissionerate to coordinate the academic activities of various institutions of higher education in the State. It is also the duty of the Commissionerate to undertake examination reforms and assume accreditation functions (Section 11 (1)(h) & (i) 1. Section 11 (1)(j) states that it is the duty of the Commissionerate to organise entrance test for University admission. Section 11(1)(k) states that it shall administer and grant scholarship and organise work study programmes. Section 11(1)(o) 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 11(2) states that every University or College including the private college 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, This ‘Super Power’ has been preserved to the Commissionerate 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.
24. It will be seen that the Commissionerate has practically take over the academic programmes and activities of the Universities. The Universities have been rendered irrelevant if not non-entities.
25. It is apparent from this discussion that the Commissionerate has been drawn by and large in the same terms as that of the U.G.C. Act. The Commissionerate Act, as we have earlier seen also contains some more provisions. Both the enactments, however, deal with same subject matter. Both deal with the co-ordination and determination of excellence in the standards of teaching and examination in Universities. Here and there, some of the words and sentences use the Commissionerate Act may be different from those used in 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, 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-versa.
26. In Prem Chand Jain v. R.K. Chhabra, (19841 2 SCR 883 this Court has held that the UGC Act falls under Entry 66 of List 1. It is then unthinkable as to how the State could pass a parallel enactment under Entry 25 of List Ill, unless it encroaches Entry 66 of List 1. 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.
27. In the result, these appeals are allowed with costs. The judgment of the High Court is reversed. There shall be a direction to the not to enforce the provisions of the impugned Act.
28. Before parting with the case we may say a word more impugned Act was the result of a report from a High Power Committee constituted by the State Government. The Committee were 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 streamline 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.
29. 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 university degrees of all its credibility. He indeed must be blind who does not see what is all happening in some of the Universities.
30. The Constitution of India vests Parliament with exclusive 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 professional 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 transformation in the academic life of the Universities.
