Punjab Reorganisation Act, 1966 – s.87 – Power to extend enactments to Chandigarh – Punjab (Regulation of Fees of Unaided Educational Institutions) Act, 2016 – 2016 Act extended vide impugned notification issued by appropriate authority in exercise of powers u/s.87 – Notification assailed – Writ petition(s) dismissed by High Court – Challenge before Supreme Court is to Clauses (a) and (b) of the proviso inserted in terms of the impugned Order/Notification by way of paragraph 6 thereof; validity of paragraph
8 also questioned – Held: The entire issue needs to be decided keeping in mind the exposition of Supreme Court in Lachmi Narain vs. Union of India wherein expression ‘restrictions or modifications’ occurring in s.87 has been interpreted– Accordingly, stipulation specified in clause (a) cannot be considered as peripheral and insubstantial change – For, it is a substantive matter because the Principal Act (2016 Act) extended in terms of the impugned Government Order/Notification, makes no provision regarding disclosure of income, expenditure, account and balance sheet on website of the unaided schools, including as applicable in the State of Punjab – Hence, change introduced vide the impugned Government Order/Notification in terms of clause (a) in the third proviso inserted by way of paragraph 6 thereof is outside the scope of the authority bestowed on the competent authority in terms of s.87, 1966 Act – That stipulation, therefore, needs to be struck down being ultra vires – Further, paragraph 8 of the impugned Government Order/Notification also needs to be struck down being unconstitutional and ultra vires – However, stipulation in clause (b) merely prohibits the unaided institutions from charging any kind of cost from the parents – This is consistent with the legislative intent and mandate of the 2016 Act, in fact, it restates the inbuilt policy, essence and substance of the 2016 Act – Thus, it is in no way a substantial change – Challenge to clause (b) rejected. Words & Phrases – ‘restrictions or modifications’ occurring in s.87, 1966 Act – Interpretation of – Discussed – Punjab Reorganisation Act, 1966 – s.87.
Lachmi Narain v. Union of India (1976) 2 SCC 953 : [1976] 2 SCR 785 – relied on.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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