Khalsa University and Another v. The State of Punjab and Another

Khalsa University and Another v. The State of Punjab and Another

that it is arbitrary under Article 14 of the Constitution. However, arbitrariness when applied to legislation cannot be used loosely.

63Copy pinpoint63. In touchstone of the aforesaid parameters, let us examine the Impugned Act.

64Copy pinpoint64. The only reasoning given in the SOR of the Impugned 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. It is to be noted that the Khalsa College which was established in 1892 is not a part of the Khalsa University. The only colleges which were affiliated with the Khalsa University are the Khalsa College of Education, Amritsar established in 1954, Khalsa College for Women, Amritsar established in 1968 and Khalsa College of Pharmacy, Amritsar established in 2009. Apart from that, the appellants have given a specific undertaking stating thus: “It is accordingly respectfully submitted that the majestic façade and visual appeal of the building of the Khalsa College has not been touched or adversely affected by the establishment of the Khalsa University in any way what so ever. The Khalsa University has been established by converting the pre-existing 3 colleges viz College of Pharmacy, College for Women and College of Education into departments in the Khalsa University.”

65Copy pinpoint65. Though it is the stand of the appellants that they were in the process of establishing new institutions for getting them affiliated with the Khalsa University, a specific undertaking was given that the Khalsa College would not be touched or adversely affected by the establishment of the Khalsa University. Even during the course of hearing, a specific statement has been made by the appellants that the Khalsa College would not be affiliated with the Khalsa University. The maps have been placed on record which show the placement of Khalsa College in the campus along with the other institutions. The perusal of the said map would clearly reveal that it is only the Khalsa College established in 1892 which is a heritage one. All other buildings have been subsequently constructed having no resemblance with the Khalsa College building. It can thus be seen that the very foundation that Khalsa University would shadow and damage the character and pristine glory of Khalsa College which has, over a

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period of time, become a significant icon of Khalsa heritage is on a non-existent basis. It could thus be seen that the Impugned Act, which was enacted with a purpose which was non-existent, would fall under the ambit of manifest arbitrariness and would therefore be violative of Article 14 of the Constitution. We are therefore of the considered view that the Impugned Act is also liable to be set aside on the same ground.

66Copy pinpoint66. In the result, we pass the following order: (i) The appeal is allowed; (ii) The impugned judgment and order dated 1st November 2017 passed by the High Court of Punjab and Haryana at Chandigarh in C.W.P. No. 17150 of 2017 (O&M) is quashed and set aside; (iii) Writ Petition being C.W.P. No. 17150 of 2017 (O&M) is allowed and the Khalsa University (Repeal) Act, 2017 is struck down as being unconstitutional. The consequent direction is also issued to the effect that the Khalsa University Act, 2016 would be deemed to be in force and status quo as it obtained on 29th May 2017 would stand restored; and (iv) In the facts and circumstances of the case, no order as to costs.

67Copy pinpoint67. We place on record our appreciation for the valuable assistance provided by Shri P.S. Patwalia, learned Senior Counsel and Shri Shadan Farasat, Additional Advocate General for the State of Punjab.

68Copy pinpoint68. Pending application(s), if any, shall stand disposed of.

Result of the Case: Appeal allowed.

† Headnotes prepared by: Ankit Gyan