SC ‘revives’ Khalsa University, strikes down 2017 repeal Act
The Supreme Court on Thursday paved the way for the revival of the Khalsa University, Amritsar, bringing into force the Khalsa University Act, 2016, and declaring the Khalsa University (Repeal) Act, 2017, which was enacted during Congress regime, as ‘unconstitutional’
Amritsar : The Supreme Court on Thursday paved the way for the revival of the Khalsa University, Amritsar, bringing into force the Khalsa University Act, 2016, and declaring the Khalsa University (Repeal) Act, 2017, which was enacted during Congress regime, as ‘unconstitutional’.
In a 65-page judgment, a bench of justice BR Gavai and justice KV Viswanathan upheld the stand taken by the Khalsa College Governing Council (KCGC) to restore the university. The bench said no reasonable classification has been pointed out to discriminate the Khalsa University against other private universities.
The apex court delivered its verdict on an appeal filed by the KCGC challenging the November 1, 2017, judgment of the Punjab and Haryana high court, which had dismissed a petition seeking quashing of the Act dated July 17, 2017.
The Khalsa University was established by the then SAD-BJP government on November 7, 2016, despite criticism from residents, Sikh community members, a section of the alumni of the Khalsa College and intellectuals of the state.
With the change of guard next year, the Captain Amarinder Singh government on May 30, 2017, promulgated an Ordinance repealing the 2016 Act.
The then chief minister had all along maintained that the move by the Khalsa College Society to “destroy its rich heritage status by converting the prestigious institution into a university was appalling”. The government also felt that there was no need to set up another university in Amritsar which already has a few institutes of higher learning.
Invoking the repeal Act, the Capt Amarinder Singh cabinet also noted that taking away a chunk of land from the Khalsa College to make a university will affect its existence. The council of ministers said that in order to maintain the identity of Khalsa College, all the properties attached to it should be kept intact.
Khalsa College, the premier institute of higher learning that carries autonomous status, was established by the leaders of the Singh Sabha Movement in 1892 and has since then become one of the most eminent Sikh educational institutions. It is also known for its iconic heritage building and a 300-acre campus adjoining the Guru Nanak Dev University (GNDU), Amritsar.
The SC bench referred to the statement of objects and reasons of the 2017 Act which said: “The Khalsa University (Repeal) Ordinance, 2017, aims to repeal the Khalsa University Act, 2016, with a view to protect heritage character of Khalsa College.” In its verdict, the bench noted no material was placed on record as to what was the compelling and emergent situation so as to enact a law which could affect the Khalsa University.
“We, therefore, find that the impugned Act singled out the Khalsa University amongst 16 private universities in the state and no reasonable classification has been pointed out to discriminate the Khalsa University against the other private universities. The impugned Act, therefore, would be discriminatory and violative of Article 14 of the Constitution,” it said.
The apex court said the only reasoning given in the statement of objects and reasons of the 2017 Act is that the Khalsa College has, over a period of time, become a significant icon of Khalsa heritage and the university established in 2016 is likely to shadow and damage its character and pristine glory.
Referring to several previous judgments of the apex court, the bench noted it is a settled position of law that though a legislation affecting a single entity or a single undertaking or a single person would be permissible in law, it must be on the basis of reasonable classification having nexus with the object to be achieved.
“There should be a reasonable differentia on the basis of which a person, entity or undertaking is sought to be singled out from the rest of the group. Further, if a legislation affecting a single person, entity or undertaking is being enacted, there should be special circumstances requiring such an enactment,” it said.
The bench said such special circumstances should be gathered from the material taken into consideration by the competent legislature and shall include the parliamentary or legislative debates.While allowing the appeal filed by Khalsa University and the Khalsa College Charitable Society, Amritsar, the bench quashed the verdict delivered by the high court.
KCGC president Satyajit Singh Majithia said the Khalsa University will be a separate entity. “However, it will function from the Khalsa College campus. The gate of the Khalsa College will open on the GT Road, while that of university on Ram Tirath Road. The GNDU campus was also established on the land of Khalsa College. For some years, it was run from the premises of the Khalsa College. Punjab Agricultural University was also run from our premises once. If Khalsa Collage was not affected at that time, how could be it affected now?”