Khalsa College Management Fought a Long Legal Battle for Varsity: Chhina
AMRITSAR: The Supreme Court of India today ‘revived’ Khalsa University, Amritsar, bringing into force the Khalsa University Act, 2016 and declaring the Khalsa University (Repeal) Act, 2017 as ‘unconstitutional’. In 65 pages judgement by the two bench court of Justice B.R. Gavai and Justice K.V. Viswanathan, the apex court upheld the stand taken by the Khalsa College Governing Council (KCGC) to restore the varsity.
The KCGC had challenged the decision of Punjab & Haryana High Court, Chandigarh, dated November 1, 2017 in which the Council did not receive relief to revive the varsity, in the top court which today quashed and set aside the High Court orders. The Khalsa University was established by the then SAD-BJP government in 2016 but when the government changed next year and Captain Amarinder Singh government was sworn-in in the next year-2017, the government through an Act of the assembly scrapped the varsity, which has started functioning.
During one of their last hearings the Supreme Court had observed on September 10, 2024 that ‘will there not be uncertainty if one political party comes in power and brings a law for university and when another political party comes in power, it repeals it’.
The Counsels appearing on behalf of the Khalsa University management submitted that the Repeals Act was ‘arbitrary’ and entire action as violation of Article 14 which is equality before law and also stated that how a University coming up as separate entity will affect the 1892 built heritage structure of the Khalsa College that will continue working as separate entity.
The KCGC had submitted in the plea that a proposal to the State government made for setting up a self-financing University and on completion of all requisite formalities, the Punjab Vidhan Sabha passed “The Khalsa University Act, 2016” (Punjab Act No.44 of 2016) on 07-11-2016. The said Act received the assent of the then Honourable Governor of Punjab on 07-11-2016 and the same was published in the Punjab Government Gazette on 17-11-2016.
The University Grants Commission (UGC), New Delhi also put the new University on its portal and the management started admissions for various graduate, post graduate and even doctoral degrees. But then the new regime of Captain Amarinder promulgated an Ordinance thereby repealing the 2016 Act and thereafter, the Punjab Vidhan Sabha passed The Khalsa University (Repeal) Act 2017. The management knocked the doors of the Honourable Punjab & Haryana High Court, Chandigarh against the said arbitrary decision of the then Punjab Government. But the plea was turned down and thus the aggrieved KCGC approached the Apex Court of the Country and now after a long battle of more than 7 years, a big relief has been given to the Khalsa College Charitable Society, Amritsar., said honourary secretary Rajinder Mohan Singh Chhina in a statement issued here.
He said that on account of the arbitrary decision of the then State Government, the Society suffered a huge loss as many courses were started in the University and students were enrolled. The Society was fighting for their lawful right for long and now justice has been imparted to it. He said the KCGC was committed to provide best of the technical and professional education to society and inculcate a message of peaceful co-existence, universal brotherhood as envisaged by Sikh Gurus. The formation of the Khalsa University was also a similar step in the field of education to provide better Society and now, the Society will leave no stone unturned to fulfil the dream of our Great Sikh Gurus and our forefathers.