Save Alliance University
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“The essence of law lies in the spirit, not its letter, for the letter is significant only as being the external manifestation of the intention that underlies it.”—Salmond
A statute is a will of legislature conveyed in the form of text and an Indian statute is an act of the Central or State Legislature generally referred to the laws and regulations of every sort, every provision of law which permits or prohibits anything or any action. Such statute has perpetual existence unless legislated for a specific purpose. These statutes and their provisions do not lose their force either on efflux of time or on the statement of any fora which is incompetent to annul such statute.
The Legislature of Karnataka in its Legislative Wisdom has enacted the Alliance University Act 2010 (Act No. 34 of 2010). The said Act is in force. None of its provisions are struck down or annulled either by the law courts (High Court of Karnataka or the Supreme Court of India) or by the State Legislature.
That apart, none of the provisions of the said Act has ever been challenged before any judicial courts. Therefore, the State decree by virtue of Act No. 34 of 2010 is applicable universally in the State of Karnataka.
Section 15 (2) of the Alliance University Act 2010 has created the post of Chancellor of the Alliance University fixing the term of the Founder-Chancellor for life-time. At the cost of repetition, it is reiterated that Section 15 (2) of the Alliance University Act is still in force.
Unfortunately, for obvious reasons, a City Civil Court at Bangalore has committed an error in interpretation of Section 15 (2) of the Act which runs wholly contrary to the Legislative Intention. Under the Karnataka Act No. 34 of 2010, the Legislature of Karnataka has made a clear distinction between the First Chancellor who is not appointed by the Sponsoring Body whereas the subsequent Chancellors are to be appointed by the sponsoring body under Section 11 of the Act.
Again, at the cost of repetition, it is impressed that the First Chancellor of the University is appointed by the Legislature by virtue of the Statute and the Act enables the Sponsoring Body to appoint subsequent Chancellors.
As stated above, a City Civil Court at Bangalore erred in interpreting the provisions of the Alliance University Act in the right perspective and as a result of which an erroneous interim order came to be passed. The said erroneous interim order of the City Civil Court has virtually defeated the Legislative Intent of Section 15 (2) of the Act. Unfortunately, the Police acted upon it swiftly and under the pretext of the said erroneous order the lawful Chancellor of the University was prevented from functioning and discharging the duties cast upon him by the statute.
The Police as well as some unscrupulous elements, under the garb of the above said erroneous order have squatted upon the University campus and disrupted the functioning of the university and they have pushed the fate of 6000 odd students as well as around 1500 faculty, staff and their dependents into doldrums.
It is pertinent to mention that the said impugned order has been challenged before the Honourable High Court of Karnataka in MFA nos. _____ and after hearing the parties, the matter is reserved for orders.
It is needless to mention that no civil courts have power to quash or annul any statute or law legislated by State Legislature or Parliament. It is only the constitutional courts which have power to examine and give verdict regarding the constitutional validity of any legislation.
Therefore, despite the erroneous order which is impugned, Section 15 (2) of the Alliance University Act is still in force under the protective umbrella of State Legislature.
The subsequent events after the erroneous order of the City Civil Court are more gruesome and virtually it has thrown the academic careers of 6000 plus students into streets apart from throwing the life of 1500 odd faculty, staff and their dependents into misery.
The elements who have squatted upon the University campus are largely meddling with testimonials of students, their academic records and coercing the students to pay academic and other fees (mostly in cash) and they are swindling students’ money at the cost of the University’s future and students career. The entire academic activity of Alliance University has come to a standstill as Police have prevented the legitimate Chancellor of the University from discharging his duties and at the same time they have allowed imposters to occupy and function in the university at different levels.
A Divisional Bench of the Honourable High Court of Karnataka has already examined the matter regarding Section 15 (2) of the Act and the extract of the relevant portion of the judgement is as follows:
“46. There is a considerable force in the contention raised by the learned council for the Appellant that, Respondent No. 2 (the Founder-Chancellor) by virtue of Sec. 15(2) of the University Act, is entitled to the office as Chancellor for his lifetime, but even in Interim Order dated 26.4.2016, this Court has not prohibited him from functioning as the Chancellor but what has been directed was that, any hindrance or interference in the administration of the University should not be created. Therefore lawful exercise of the power as per the University Act by the Chancellor was not prohibited, but any hindrance or interference in the administration of the University which otherwise is not permissible in law was prohibited in order to see that, the educational activity of the University may not suffer.”
The Government of Karnataka is the only ray of hope in the eyes of students, parents, faculty and staff of Alliance University and the larger University Community. Since the erroneous judgement of the city civil court is already challenged before the Honourable High Court of Karnataka it is earnestly requested to restore the legitimate Chancellor of the University to resume his normal functions in the larger interests of the students in general and the Alliance University in particular.
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