SC strikes down 2017 law, paves for revival of Khalsa University in Amritsar

Thursday’s verdict paves the way for the revival of the Khalsa University, Amritsar.

“We find that the Act singled out the Khalsa University amongst 16 private universities in the state and no reasonable classification has been pointed out to discriminate the Khalsa University against the other private Universities. The Act therefore would be discriminatory and violative of Article 14 of the Constitution,” said a bench headed by justice Bhushan R Gavai.

While repealing the law, the then government led by Capt Amarinder Singh had argued that the 2017 Act was brought to “protect the heritage character of Khalsa College” established in 1892. It also reasoned that the Khalsa College, over a period of time, had become a significant icon of Khalsa Heritage and the Khalsa University established in 2016 was likely to shadow and damage its character and pristine glory.

The Khalsa University and the Khalsa Society challenged the Khalsa University (Repeal) Act passed by the Punjab assembly on July 17, 2017 in the Supreme Court after the Punjab and Haryana high court dismissed their petition in November 2017.

The society argued that the decision was politically motivated as then CM, Amarinder Singh had been opposed to the formation of Khalsa University while he was the Leader of Opposition and vowed to repeal the law when he comes to power.

The bench, also comprising justice KV Viswanathan said, “On November 7, 2016, the Punjab Vidhan Sabha passed The Khalsa University Act, 2016. The 2016 Act received the assent of the Governor of Punjab on November 7 (same day). It appears that there was a change of regime in the Government of Punjab. It further appears that from April 2017 onwards, Khalsa University started receiving communications that it should not admit any more students till the statutes of the University were approved by the state government.”

Senior advocate PS Patwalia appearing for the Khalsa University said, “The society had clearly given an undertaking that the establishment of the Khalsa University would not touch the Khalsa College. Captain Amarinder Singh had made public statements that he was “touchy” about the Khalsa College, that he would not permit the ruling party to tinker with the status of the same.”

The Punjab government through additional advocate general (AAG) Shadan Farasat defended its action, saying that since the Khalsa College and other colleges under Khalsa University were in the same premises, there was a possibility of confusion in the minds of a general observer, thus impacting the heritage status of Khalsa College.

The bench found no material in support of the compelling and emergent situation that led to enactment of a law to single out one of the 16 universities approved by the government under the Punjab State University policy of 2010.

“No material is placed on record to show that there were any discussions prior to the Act being passed or as to what material was placed and taken into consideration by the competent legislature,” it said.

Even on the issue of heritage, the bench was convinced by seeing the maps of the site to conclude that the Khalsa College stood out as a heritage building while other buildings had no resemblance to it. “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 period of time, become a significant icon of Khalsa heritage is on a non-existent basis,” the court held,

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