The Karnataka High Court has quashed a 2024 resolution of the syndicate meeting of Rajiv Gandhi University of Health Sciences (RGUHS) that excluded senate members from the local inspection committee responsible for the continuation of affiliation of colleges.
Petition by Senate Members
J Nandeesh and other RGUHS senate members had challenged the resolution, contending that the syndicate did not obtain the assent of the senate, which has the power to make, amend, or repeal statutes under the RGUHS Act.
Court's Observations
Justice ES Indiresh pointed out that for amending or repealing a statute, the syndicate must submit its proposal to the senate, which has the power to give assent. Thereafter, such a resolution along with the recommendation of the senate should be placed before the state government for assent.
Even for the continuation of affiliation, local inspection committee members must verify the entire records pertaining to various requirements. If there is any lacuna in compliance with mandatory provisions, it is the duty of the committee to withdraw the affiliation of the college concerned.
Therefore, even for continuation of affiliation, the entire procedure for granting affiliation to a fresh college must be followed by the local inspection committee. In view of the matter, excluding the members of the senate would affect the foundation for the decision-making process, the judge added.
