SC strikes down Khalsa University (Repealed) Act, 2017 for being ‘unconstitutional’
He Supreme Court on Thursday he knocked down the Khalsa University (Repeal) Act 2017 for being “unconstitutional”, saying the law singled out Khalsa University among 16 private universities in Punjab.
A bench of Justices BR Gavai and KV Viswanathan said no reasonable classification has been pointed out to discriminate Khalsa University from the other private universities.
The top court delivered its verdict on an appeal challenging the November 1, 2017 judgment of the Punjab and Haryana High Court, which had dismissed a petition seeking annulment of the July 17, 2017 Act.
The court noted that the state of Punjab had framed the Punjab Private Universities Policy, 2010 and on November 7, 2016, the state Vidhan Sabha had passed the Khalsa University Act, 2016.
It further noted that on May 30, 2017, the state government had promulgated an Ordinance repealing the Act of 2016. The court noted that the Act of 2017 received the governor’s assent in July 2017.
The court referred to the statement of objects and reasons of the 2017 Act which read: “The Khalsa University (Repeal) Ordinance, 2017 is intended to repeal the Khalsa University Act, 2016 with a view to protecting the heritage character of Khalsa CollegeAmritsar.”
In its verdict, the court noted that no material was recorded as to what was the emerging and compelling situation for enacting a law that could affect Khalsa University.
“There is no material on record to show that there were discussions before the impugned law was passed or what material was placed and taken into consideration by the competent legislature,” the court said.
“We, therefore, consider that the impugned law singled out Khalsa University among the 16 private universities in the state and no reasonable classification has been pointed out to discriminate Khalsa University against the other private universities. “The impugned law, therefore , would be discriminatory and violate article 14 of the Constitution,” he stated.
The top court said that the only reasoning given in the statement of objects and reasons of the 2017 Act is that Khalsa College, over time, has become an important icon of Khalsa heritage and it is likely that the university established in 2016 serve as a shadow and damage its character and pristine glory.
The court said it may be noted that Khalsa College, which was established in 1892, is not a part of Khalsa University.
“Thus, it can be seen that the very basis of Khalsa University would overshadow and damage the character and pristine glory of Khalsa College, which has become, over a period of time, an important icon of Khalsa heritage , is non-existent.” said the bank.
It observed that the 2017 Act, which was enacted for a purpose that was non-existent, would fall within the ambit of “manifest arbitrariness” and would therefore violate Article 14 of the Constitution.
“The Khalsa University (Repeal) Act, 2017 is quashed as unconstitutional. Consequential order is also made that the Khalsa University Act, 2016 shall be deemed to be in force and with the status quo as obtained May 29, 2017 would be restored,” the court stated.
Referring to several earlier judgments of the apex court, the court noted that it is an established legal position that while legislation affecting a single entity or a single company or a single person would be permissible in law, it must be based on reasonable criteria. classification that has a connection with the objective to be achieved.
“There should be a reasonable difference on the basis of which a person, entity or company is intended to be distinguished from the rest of the group. In addition, if legislation is enacted that affects a single person, entity or company, there should be special circumstances requiring such enactment,” he said.
The court said that such special circumstances must be gathered from the material taken into consideration by the competent legislature and will include parliamentary or legislative debates.
While allowing the appeal filed by Khalsa University and Khalsa College Benevolent Society, Amritsar, the court set aside the verdict delivered by the Punjab and Haryana High Court.
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