TMI Blog1984 (2) TMI 357X X X X Extracts X X X X X X X X Extracts X X X X ..... examinations and/or otherwise the persons who acquire the prescribed standards and to confer on such persons any academic diplomas, degrees, etc. It has a Board of Governors and the Registrar of the University is one of the Ex-Officio Governors. This institution claims to have expanded its activities and regular convocations have been held for awarding degrees and diplomas. The Act came into force in 1956 and for the first time provided restrictions under ss. 22 and 23 of the Act to the following effect : S.22. the right to confer degrees- (1) The right of conferring or granting degrees shall be exercised only by a University established or incorporated by or under a Central Act, a Provincial Act or a State Act or an institution deemed to be a University under section 3 or an institution specially empowered by an Act of Parliament to confer or grant degrees. (2) Save as provided in sub-section (1) no person or authority shall confer, or grant, or hold himself or itself out as entitled to confer or grant, any degree. (3) For the purpose of this section, degree means any such degree as may, with the previous approval of the Central Government, be specified in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 253 of 1972 and Shri L.N. Mehra who is appellant in the connected criminal appeal. Mr. Shanti Bhushan appearing for the appellants anvanced four contentions:-(I) CUL had been incorporated under the Companies Act of 1913 and is deemed to be a company under s. 3 of the Companies Act, 1956, the prosecution was misconceived as the prohibition in s. 23 was not attracted. (II) The restriction imposed under s. 23 of the Act was ultra vires because entry 11 which read as Education including universities was in list II of Schedule VII of the Constitution and was a State subject but the Act in question was passed by Parliament. The long title of the Act reads as an Act to make provision for the coordination and determination of standards in universities and for that purpose, to establish a University Grants Commission and is covered by entry 66 of list I of the Seventh Schedule. The restriction provided by s. 23 as such does not appear to be a matter squarely within the ambit of the entry and therefore such a provision is ultra vires the Constitution. (III) This Court observed in S. Azeez Basha Anr. v. Union of India(1) as per Wanchoo, C. J.: ......we should like to say that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rated referred to Acts under which universities are established or incorporated Several universities in this country have been either established or incorporated under special statutes, such as the Delhi University Act, the Banaras Hindu University Act, the Allahabad University Act etc. In these cases, there is a special Act either of the Central or the Provincial or the State legislatures establishing and incorporating the particular universities. There is also another pattern-where under one compendious Act several universities are either established or incorporated for instance, the Madhya Pradesh Universities Act, 1973. The definition of university and provisions in s. 23 of the Act refer to Acts of the Central, Provincial or the State legislatures by which one or more universities are established or incorporated and not to institutions incorporated under a general statue providing for incorporation. We do not accept the contention of Mr. Shanti Bhushan that CUL when incorporated under the Companies Act satisfied the definition as also the provisions of s. 23 of Act and, therefore, there could be no prosecution. We agree with the observation of Lord Somervell to the effect: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the entries should be given the widest scope or amplitude.. Navinchandra v. C.I.T. (3) Each general word has been asked to be extended to all ancillary or subsidiary matters which can fairly and reasonably be comprehended. See State of Madras v. Gannon Dunkerley(4). It has also been held by this Court in The Check Post Officer and Others. v. K.P. Abdulla Bros(5) that an entry confers power upon the legislature to legislate for matters ancillary or incidental, including provision for avoiding the law. As long as the legislation is within the permissible field in pith and substance, objection would not be entertained merely on the ground that while enacting legislation, provision has been made for a matter which though germane for the purpose for which competent legislation is made it covers an aspect beyond it. In a series of decisions this Court has opined that if an enactment substantially falls within the powers expressly conferred by the Constitution upon the legislature enacting it, it cannot be held to be invalid merely because it incidentally encroaches on matters assigned to another legislature. See State of Karnataka v. Ranganatha (6); KSE Board v. India Aluminium (7); ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n is made, all the provisions of the Act would apply to such an institution as if it were a university within the definition of the term in s. 2 (f). CUL may make an application to the Central Government for such recognition and on the advice of the University Grants Commission, the Central Government should dispose of the same in accordance with law. We have been told that the institution has been working very satisfactorily and has, to its credit, a long history of service in the field of education. We are hopeful that taking all aspects into consideration both the Commission as also the Central Government would consider the request of the institution to be recognised under s. 3 of the Act. If it is so recognised the institution would be able to confer degrees as provided in s. 22 of the Act. It is for the Central Government next to consider whether an institution covered by s. 3 of the Act would not satisfy the provision of s. 23 of the Act and if in the opinion of the Central Government such an institution is not covered, whether an appropriate amendment to s. 23 should not be made so as to exclude recognised institutions under s. 3 of the Act from the field of prohibition c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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