The Himachal Pradesh High Court today quashed an Act regulating private educational institutions in the state, declaring it "ultra vires".
A division bench of Chief Justice A M Khanwilkar and Justice Kuldip Singh quashed the Himachal Pradesh Private Education Institution (Regulatory Commission) Act, 2010 and rules formulated under it.
The division bench said assessment orders, circulars, notices passed by the Regulatory Commission under the Act are without legal authority and quashed the same.
"From the analysis already done, we have no hesitation in taking the view that the State Legislature was incompetent to enact law on the subject which was covered by the field occupied by Entry 66 of the Union List. Accordingly, we may have to declare the Act of 2010 ultra vires and void ab initio," the court said.
Private Universities had moved the court, challenging the legality of the state Act.
According to the petitioners, the State Legislature has no competence to enact the now impugned Act, as the filed of coordination and determination of standards in institutions for higher education is reserved exclusively for Parliament.
As a result, Parliament's power to enact law on that subject is both exclusive and overriding.
The State Legislature has no power to prescribe offences and penalties for enforcing the standards laid down by the University Grants Commission and All India Council for Technical Education and other central authorities, more so, when the central Acts themselves have not prescribed for offences and penalties, the petitioners said.
