CJI ; prior to the 42nd amendment, entry 11 of the state list dealt with education including universities subject to provisions of entries 63, 64 and 66 of List I and entry 25 of list three. So education was a state subject and entry 23 of list three prior to 42nd amendment read educational and vocational training of labour therefore what entry 63 of the Union list did was once the subject was in entry 63 union list, it was taken out of the fold of state jurisdiction. The exclusive jurisdiction to legislate was conferred upon parliament. What the 42nd amendment did was it deleted entry 11 of state list and substituted entry 11 of the concurrent list because that dealt with vocational and technical training of labour and now post the 42nd amendment you will see entry 25 of list 3 which says education, technical education etc subject to entry 63, 65 , 64, 66.

CJI: therefore ordinarily but for entry 63 of list I the entirety of the field of education would be the state list prior to the 42nd amendment and after the 42nd amendment , then to the concurrent list. In respect to these two institutions - AMU and BHU, the legislative competence is exclusively rested with the parliament