SC revert HP HC verdicts quashing panel to regulate pvt. University
The Supreme Court has reverted the state High Court verdict, quashing Himachal Pradesh Private Education Institution Commission, ordered to revive the panel to monitor 16 private universities and an equal number of private institutes, mainly engineering colleges in this hill state.
Hearing the petition of HP government filed before the apex court recently a division bench of Justices T S Thakur and C Nagappan on Thursday suspended the High Court judgement quashing the Himachal Pradesh Private Educational Institutions (Regulatory) Act of 2010.
The HC on October 19 set aside the act that empowered the Private Educational Institutions Regulatory Commission, set up in 2010 under the act, to regulate the universities.
The state pleaded that the regulatory body was required to maintain quality of education and monitor commercialisation of education.
The high court judgement came on the petition of the Himachal Pradesh Private Universities Management Association, which seeks setting aside of the act and quashing of notices issued to them.
The high court had declared the act unconstitutional on the grounds that the state legislature was incompetent to enact such a law on a subject covered by the field occupied by Entry 66 of the Union List.
Entry 66 of the Union List stipulates that a teaching university will not come within the purview of the state legislation on account of the specific nature of determination of standards in institutions for higher education being in the Union List for which parliament alone is competent to legislate.
(Posted on 10-05-2014)