Meghalaya High Court
Riths Trust vs State Of Meghalaya Represented By The … on 4 April, 2025
Author: W. Diengdoh
Bench: W. Diengdoh
2025:MLHC:274-DB
Serial No. 01 HIGH COURT OF MEGHALAYA
Daily List AT SHILLONG
WP(C) No. 364 of 2023
Date of CAV: 12.03.2025
Date of pronouncement: 04.04.2025
1. RITHS Trust, (Rajitlal Institute of Technology and Health
Sciences Trust), represented by its Chairman, Dr. P.L. Rajitlal, J-
11, Janvilla Lane, Sasthamangalam, P.O. Thiruvananthapuram,
Kerela State Pin Code- 695 010.
2. Dr. P. L. Rajitlal, aged 54, J-11, Janvilla Lane, Sasthamangalam,
P.O. Thiruvananthapuram, Kerela State Pin Code- 695 010
3. Rajitlal University, represented by its sponsor, RITHS Trust,
represented by its Chairman Dr.PL Rajitlal, J-11, Janvilla Lane,
Sasthamangalam, P.O. Thiruvananthapuram, Kerela State Pin
Code- 695 010
...Petitioners
- Versus -
1. State of Meghalaya represented by the Chief Secretary to the
Government of Meghalaya, Main Secretariat Building, Shillong,
Meghalaya, Pincode - 793001.
2. The Commissioner & Secretary to Government, Department of
Education, Government of Meghalaya, Meghalaya Chief
Secretariat, Myntdu Building, Shillong, Meghalaya, Pincode -
793001.
3. The Commissioner & Secretary, Meghalaya Legislative
Assembly, Meghalaya Legislative Assembly Secretariat, MG
Road, Shillong, Meghalaya, Pincode - 793001.
4. The HD Education Bhiladi,
Alwar, Rajasthan - 301019.
5. The Early Childhood Technical and Vocation Education Society,
Reg No. 5/46253, Near Front Side Hari Mandir,
Mang Jwala Nagar, New Delhi-110032.
...Respondents
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Coram:
Hon'ble Mr. Justice I.P. Mukerji, Chief Justice
Hon'ble Mr. Justice W. Diengdoh, Judge
Appearance:
For the Petitioners : Mr. S.V. Ranjan, Adv.
Ms. D.F. Mawrie, Adv.
For the Respondents : Mr. N.D. Chullai, AAG with
Ms. Z.E. Nongkynrih, GA
Mr. B. Deb, Adv. [For R4&5]
i) Whether approved for Yes
reporting in Law journals etc.:
ii) Whether approved for publication Yes
in press:
JUDGMENT
(Made by Hon’ble, the Chief Justice)
This is an extraordinary writ.
The Rajitlal University Act, 2011 (Act of 2020) was enacted by
the Meghalaya Legislative Assembly. It received the assent of the
Hon’ble Governor on 31st January, 2020. The Assembly on 22nd
September, 2023 repealed the Act by Rajitlal University (Repealing)
Act, 2023.
This writ challenges the repealing Act as ultra vires the
Constitution with a prayer for an ad interim order staying the operation
of the repealing Act. No interim order was passed by this Court.
There are three petitioners. The first is RITHS Trust described
as the sponsor in the Act. The second is the Chairman of the first writ
petitioner.
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Equally, extraordinary is the Act which I describe in the
subsequent paragraphs.
The unique feature of this Act is that the sponsor described in
Section 2 (xxii) thereof i.e, RITHS Trust was given the right to establish
the University according to the provisions of the Act. The Act as such,
did not found or establish it under Section 3(1).
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.
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.
Under Section 5, the University would be self-financing.
By Rajitlal University (Repealing) Act, 2023, the Rajitlal
University Act, 2011 was repealed. It was preceded by the Rajitlal
University (Repealing) Ordinance 2023.
The following statement of object and reasons was made in
support of the legislation.
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“STATEMENT OF OBJECT AND REASONS
The Rajitlal University Act, 2011 (Act No. 1 of 2020) was
passed by the Meghalaya Legislative Assembly in the year
2011and received the Governor’s assent on 31 st January, 2020.
Sub-section (2) of the Rajitlal University Act, 2011 says that
“the sponsor shall make an application containing the proposal
to establish the University to the State Government.
However, even after three years of the Act being published
in Gazette of Meghalaya, the sponsors of the University has so
far not shown any interest to approach the State Government
with an application to establish the University; as such it is clear
indication that the sponsors are not at all serious about
establishing the University in the State. Under such
circumstances it is felt that if Rajitlal University Act, 2011 is
allowed to remain in existence, there is every possibility that
fraudsters may use the Act to lure innocent students to sale fake
degrees to them which may bring bad name to the State of
Meghalaya. Now, consequent upon which the Rajitlal University
(Repealing) Ordinance, 2023 (Ordinance No. 3 of 2023) has
been promulgated by the Hon’ble Governor on the 25th August,
2023. It is considered necessary to regularise the Rajitlal
University (Repealing) Ordinance, 2023 (Ordinance No. 3 of
2023) by way of an Act.
Hence, the Bill.
RAKKAM A. SANGMA,
Minister I/c Education Department.
ANDREW SIMONS,
Commissioner and Secretary,
Meghalaya Legislative Assembly.”
The most extraordinary and ingenious feature of this transaction
between the petitioners and the government was that the latter did not
enter into any contract with the petitioners for founding a University.
The University was sought to be set up through legislation. The said Act
did not set it up. There was a machinery provided in the Act itself for
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setting it up in future. As the provisions of the Act suggest, it was not
born out of the said Act but would be born on fulfilment of the
conditions of the Act by the writ petitioners.
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.
Under Article 246 of the Constitution of India, the state
legislature has the power 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.” 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.
We are not aware of any power residing in the Court to compel
the legislature to enact a law or to stay or set aside the repeal thereof.
The only power that the Court has is to determine whether the
enactment is a fraud on the Constitution or legislative power or ultra
vires the Constitution or violative of any provision thereof. If it be so, it
has the power to declare the Act as ultra vires or to declare a part of it or
some sections of it as ultra vires or invalid.
What the writ petitioners want is a writ of mandamus issued by
the Court to quash the repealing Act.
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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 judge of
what law 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.
Furthermore, three years have elapsed since the Act was
enacted. The petitioners have not provided any fund in terms of the
endowment fund as contemplated under the Act. We cannot rule that the
repealing Act is a fraud on the legislative power of the Meghalaya
Assembly.
For the above reasons, we find this writ to be an absolute abuse
of the process of Court. It is hereby dismissed as frivolous.
In the facts and circumstances of the case, there shall be no
order as to costs.
(W. Diengdoh) (I.P. Mukerji)
Judge Chief Justice
Signature Not Verified
Digitally signed by SYLVANA
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LIZ KHARBHIH
Date: 2025.04.04 16:39:10 IST
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