The Rajasthan High Court, in Dr Anjana Vyas vs National Law University, has held that writ petition under Article 226 of the Constitution of India is maintainable against the National Law University, Jodhpur.
A division bench comprising Justice GR Moolchandani and Justice Gopal Krishan Vyas, rejecting the preliminary objection raised by the National Law University, Jodhpur, in a writ petition that it is not “State” within the meaning of Article 12 of the Constitution, said an institution engaged in imparting higher education in various subjects, which is declared as deemed university, is “State”.
The crux of the contention put forth by NLU was that it is an autonomous body not receiving any financial aid from the government while the petitioner contended that the National Law University is established by law and for that purpose, the State legislature promulgated an Act known as National Law University, Jodhpur Act of 1999.
The court rejected their preliminary objection observing that all the judgments cited in reliance of the stance adopted by the university had been dealt with by the Supreme Court in the case of Dr Janet Jeyapaul vs SRM University. In the said judgment, the court had held that an educational institution discharges public function by way of imparting education to students and, therefore, these are amenable to the writ jurisdiction under Article 226 of the Constitution.
Read the Order here.