High Court of Karnataka Allows State Government's Petition to Quash Inclusion Notification for Medical College; Dismisses Institution's Petition for Disaffiliation. Inclusion of Raja Rajeshwari Medical College as Constituent Institution of Dr MGR Educational and Research Institute Under UGC Regulations Set Aside for Non-Consideration of State's Objection.

Public law writ petitions under Articles 226 and 227 of the Constitution challenging administrative actions regarding inclusion of a medical college as a constituent institution of a deemed university.

In W.P. 7482/2020, the petitioners sought to quash the State Government's communication and the University's decision declining disaffiliation, and to declare the inclusion notification as effective. In W.P. 9236/2020, the State sought to quash the inclusion notification itself.

The inclusion notification was issued despite the State Government's objection, leading to a dispute over the status of the college and disaffiliation.

Whether the High Court had jurisdiction to entertain the State's petition under Article 226 given the exclusive original jurisdiction of the Supreme Court under Article 131 Whether the inclusion notification dated 14.02.2019 was validly issued under Regulation 13 of the UGC Regulations without considering the State Government's objection

The State Government contended that its objection to the inclusion was not considered, and essential conditions under the UGC Regulations were not fulfilled; thus the notification should be quashed. The Medical Council of India supported the State's stand. The Central Government and UGC defended the notification as properly issued. The Moogambigai Trust argued that after the inclusion notification, disaffiliation should be granted to enable the college to function as a constituent institution.

Going by the text & context of this Article, it can be stated that the jurisdiction of the Hon’ble Supreme Court in disputes as to the existence of a legal right between the Union and the States, or between the States inter se, is exclusive, subject to constitutional exceptions; going by its intent & content, this Article would ordinarily be attracted only when the dispute arises between or amongst the States and the Union in their constitutional capacity, stricto sensu as contradistinguished from other capacities, of course subject to all just exceptions The Apex Court in STATE OF KARNATAKA vs. UOI, (1977) 4 SCC 608 observed “... Disputes of the nature described in Article 131 are usually of an urgent nature and their decision can brook no delay. It is therefore, expedient in the interest of justice that they should, as far as possible, be brought before and decided by this Court so as to obviate the dilatoriness of a possible appeal. An original proceeding decided by this Court is decided once and for all” this Court is inclined to allow the Writ Petition of the State Govt. and dismiss that of the Moogambigai Trust

Two writ petitions were filed: W.P. 7482/2020 by Moogambigai Trust challenging disaffiliation refusal, and W.P. 9236/2020 by the State of Karnataka challenging the inclusion notification. Both were clubbed, heard, and reserved for order. The High Court pronounced the order on 03.11.2020.

• Constitution of India, 1950: Article 131
• UGC (Institutions Deemed to be Universities) Regulations, 2016: Regulation 13
• Rajiv Gandhi University of Health Sciences Act, 1994: Section 5