The Meghalaya High Court, in a recent decision, dismissed a writ petition filed by RITHS Trust and others that challenged the constitutional validity of the Rajitlal University (Repealing) Act, 2023. The court described the petition as “frivolous” and “an absolute abuse of the process of court”.
The petitioners, including RITHS Trust and its Chairman Dr. P.L. Rajitlal, argued that the repealing act was unconstitutional. They sought an interim order to halt its implementation and also requested a mandamus to quash the repealing Act.
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“The petitioners have no right to question the legislature on what legislation it shall enact or not enact,” the bench of Chief Justice I.P. Mukerji and Justice W. Diengdoh observed.
The background involves the Rajitlal University Act, 2011 (notified in 2020), which granted RITHS Trust the right to propose the establishment of a private university in Meghalaya. However, the law itself did not establish the university. Instead, it required the sponsor to submit a detailed proposal and create an endowment fund in accordance with UGC norms.
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Despite the Act being in place for over three years, the petitioners failed to submit any such proposal to the state government. This inaction prompted the state legislature to repeal the Act through the Rajitlal University (Repealing) Ordinance, 2023, later regularized by the Repealing Act, 2023.
“It is clear the sponsors are not serious about setting up the university,” stated the legislative intent, highlighting risks of the Act being misused to issue fake degrees.
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The Court highlighted that there was no contract or legal obligation between the State and the petitioners that could give rise to enforceable rights. As per Article 246 of the Constitution, the power to legislate on education, including establishing or repealing universities, lies solely with the state legislature.
“The Court cannot compel the legislature to enact or refrain from repealing a law,” the bench ruled. “The only scope for judicial intervention is if the legislation is found to be ultra vires or unconstitutional, which is not the case here.”
The judgment emphasized the principle of separation of powers, making it clear that legislative decisions are not subject to judicial direction unless they violate constitutional provisions.
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In conclusion, the Court ruled that the petition lacked merit and amounted to a misuse of legal proceedings.
“For the above reasons, we find this writ to be an absolute abuse of the process of Court. It is hereby dismissed as frivolous,” the Court declared.
Case Title: RITHS Trust & Ors. v. State of Meghalaya & Ors.
Case No.: I.A.(Civil)/3340/2024 in El. Pet./1/2024
