Meghalaya High Court: In a writ petition challenging the vires of the Rajitlal University (Repealing) Act, 2023, which repealed the Rajitlal University Act, 2011 (the Act), the Division Bench of IP Mukerji, Chief Justice* and W. Diengdoh, J. dismissed the petition pointing out that the legislature is the sole judge of what law they are to make. The petitioners question the truth of the assertion made in the object and reasons in support of the repealing Act. The Court termed the present plea as an absolute abuse of the process of Court and frivolous.
Background
The Act was enacted by the Meghalaya Legislative Assembly. It received the assent of the Governor on 31-01-2020. The Assembly on 22-09-2023 repealed the Act by Rajitlal University (Repealing) Act, 2023. The Repealing Act was preceded by the Rajitlal University (Repealing) Ordinance 2023. The petitioners included the RITHS Trust, described as the sponsor in the Act. In the Section 2 (xxii) of the Act, RITHS Trust was given the right to establish the University according to the provisions of the Act. Under Section 3(2), this sponsor was required to make an application to the State government containing a detailed proposal to set up the University. Only upon satisfaction of the State government under Section 4(1), the sponsor would be called upon to create an endowment fund according to the guidelines issued by the UGC. Section 4(2) provides that on being satisfied that these conditions had been fulfilled by the sponsor, the State government would, by notification, formally establish the University.
Analysis and Decision
Perusing the statement of object and reasons, the Court noted that even after three years of the Act being published in the Gazette of Meghalaya, the sponsors of the University had not shown any interest in approaching the State Government with an application to establish the University.
The Court pointed out that the Government did not enter into any contract with the petitioners for founding a University. The University was sought to be set up through legislation. The Act suggested that the University would not be born out of the said Act but would be born on the fulfillment of the conditions.
No contractual rights vested in the petitioners, for breach of which they could have filed an action for specific performance or damages or any other legal remedy, the Court said.
The Court stated that Article 246 of the Constitution of India, empowers the state legislature to legislate in respect of Entry 25 of List III, i.e., the Concurrent List relating to “education, including technical education, medical education and universities.” Hence, in exercise of such power, the said Act was enacted and also thereafter repealed. The power to enact and to repeal is the sole prerogative of the legislature.
“The petitioners have no right to question the legislature on what legislation it shall enact or shall not make or whether it would repeal a particular Act. Under the doctrine of separation of powers provided in our Constitution, Parliament and State Legislatures are the sole judges of what laws they are to make. Neither can the petitioners question the truth of the assertion made in the object and reasons in support of the repealing Act.”
[RITHS Trust v. State of Meghalaya, WP(C) No. 364 of 2023, Decided on: 04-04-2025]
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