AG refers to Section 133(2) of the Education Act giving residuary powers to State.
"Private colleges have a managing committee. In PU colleges run by govt, there is no managing committee".
AG: Since we are addressing the issue of College Development Committee, interestingly, for a Govt PU college there is no concept of managing committee.
AG : The act it is applicable to all institutions except ICSE, CBSE institutions.
Reads section 2 (14) of the act. AG: Section 38 of the Act takes care of Govt PU colleges.
AG now responding to the argument of Ravivarma Kumar that College Development Committee is not an authority recognized by the Education Act.
AG reads the Preamble to the Education Act- The act is for betterment of the student community.
AG : I don't know what is the mind of the Govt regarding the high-level committee.
CJ : Was the GO premature? Because on one hand you say a high level committee is examining the issue & on the other hand you say this? Whether this will not amount to contradictory stand by State?
CJ: You have also said that state is yet to take decision with respect to uniform?
AG : Yes.
Justice Dixit: At least you should have stated that we have decided to constitute a committee. But that you have not said.
Justice Dixit refers to Supreme Court judgments which says that an order has to be understood on the basis of what is stated in it and subsequent pleadings cannot improve it.
AG : In CPC, there is no provision to file appeal against a finding. If the operative order is in one's favour, there is no scope for challenging the findings.
AG: Post facto this order, there is nothing on record that look state has told us so we (institute) are passing this order.
AG says the GO has to be understood for what it ultimately directs and it is wrong on the part of the petitioners to say it is communal.
CJ : We wanted to know the necessity of mentioning these judgements and recording your conclusion and then passing the GO?
AG : On a better advise, these could have been avoided. But that stage has passed.
CJ: It seems they do not take your advice.
AG smiles.