Summary
A constituent medical college of the autonomous Maharishi Markandeshwar University could not be compelled to obtain affiliation from Himachal Pradesh University. Section 3(6a) of the 2006 admissions-and-fees statute impermissibly intruded on the independent University’s statutory autonomy. The Court struck down that provision while leaving other admissions and fee regulation applicable.
Issues
- Whether the State could require another University’s affiliation for this constituent college.
Provisions considered
- Section 3(6a), as amended in 2015, Himachal Pradesh Private Medical Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2006Struck down as irrational, unreasonable and unconstitutional. (¶ 20–27)
- Sections 3–5 and 7, Maharishi Markandeshwar University (Establishment and Regulation) Act, 2010Conferred autonomy including constituent colleges; the prohibition on affiliating other institutions did not cover its own constituent. (¶¶ 14–17, 21–24)
Held
- A constituent college is integral to its University. The 1970 Act’s general territorial provision did not require this independent University or its constituent to obtain another University’s affiliation. (¶ 16–18)
- The 2006 Act’s admissions and fee functions remained applicable, but its affiliation mandate conflicted with the 2010 special legislation. Essentiality-certificate conditions could not require compliance with an unconstitutional stipulation. (¶ 19–25)
Result
Appeal allowed without costs; High Court judgment set aside and Section 3(6a) struck down. Authorities to proceed without requiring HPU affiliation for this college.