AG: Matter is of course a debate. My submission is that in these circumstances the govt did not intervene.
The point is State wants to treat everyone equally.
Justice Dixit : But point is, MLA is a more political character. Whether that character should have overtone in the administration of an education institution? It is not about this party or that party.
Justice Dixit : They had said, MLA from X party, next election MLA from Y party or independent MLAs also, can those political views enter the campus? It is not that we have no respect for MLAs.
AG : There is a local MLA, parents represenative, students representatives and others. The entire fulcrum comes together. Therefore there cannot be such a criticism to such a committee.
AG : Without Govt approval there can't be a committee with MLAs.
CJ : We cannot presume.
AG : I will produce the files.
CJ : Govt order is issued in the name of the Govt. This is a circular.
AG : I will bring on record the files.
CJ : This is a clarification which we require to appreciate your argument.
AG : Such circulars are issued by the approval of the Govt.
CJ : Was the govt approval there?
AG : Certainly yes. I can place the records. Where a MLA is appointed to the committee, it would not have been without approval of the govt.
CJ : The circular which you have shown, which constitutes CDC, has been issued by an under-secretary. Can that be treated as an order under Section 133?
AG : This has to be traced to 133.
CJ : This is not a govt order, it is not a notification. It is a circular by under-secy
AG: We have exercised section 133 (2) (for constituting CDC). If we had given it to the Principal, Ravivarma Kumar sir would have said you have given it to an employee. Kindly look at the constitution of CDC, there cannot be a more representative character.
AG : CDCs are there since 2014. None of the colleges have come before the Court questioning the CDCs. Students have come before the court and say that the authority is extra-statute. The challenge must fail on that ground itself.