Lok Pal Singh JUDGMENT
Rajiv Sharma, J.
1. Since the common questions of law and facts are involved, the present petitions have been taken up together and are being decided by this common judgment. For the sake of clarity, the facts of WPPIL No. 127 of 2014 have been taken into consideration.
2. A question of great public importance has been raised in this writ petition for establishment of National Law University. The grievance of the petitioners, precisely, is that though the National Law University of Uttarakhand Act, 2011 (Uttarakhand Act No. 11 of 2011) has been promulgated and came into force but despite that, the State Government has not established the National Law University in the State of Uttarakhand. This Court has passed number of orders, but no steps were taken pursuant to the orders passed by this Court from time to time.
3. The counter affidavit has been filed by the respondent No. 1-Deputy Secretary, Higher Education Department, State of Uttarakhand. According to the averments made in the counter affidavit, as per Section 3(4) of the National Law University of Uttarakhand Act, 2011, it is provided that the Head Office of the University shall be at Bhowali, Nainital. The meeting was convened in the office of Secretary, Higher Education regarding the establishment of University. The Director, Uttarakhand Judicial and Legal Academy (UJALA) Bhowali brought to the notice that the land required for the establishment of the University is not available at Bhowali, therefore, the head office of the University could be established at Pant Nagar after making required amendments in the Act of the University. Thereafter, the proposal was sent to the G.B. Pant University. However, the University, for the reasons best known to it, declined the proposal on 26.12.2013. Thereafter, the District Magistrate, Nainital, vide letter dated 13th August, 2014, communicated the Director, UJALA that the minimum required land was 10 acres. The same was not available at Bhowali. Thereafter, on 14.8.2014, a meeting was held regarding the selection of land for the University. On the proposal of the Principal Secretary, Law Department, it was decided to constitute a Four Members' Committee under the Chairmanship of Director, UJALA to select the land for the University.
4. Petitioner-Dr. Bhupal Singh has filed rejoinder affidavit to the counter affidavit filed by the respondent No. 1. Petitioner has suggested the land available with the State Government/G.B. Pant University. The petitioner has suggested that if the land is not available at Bhowali, there is about 1500 acres of land available at G.B. Pant University, Pant Nagar, District Udham Singh Nagar.
5. The State Government filed yet another counter affidavit, giving therein, the details of the earlier meetings held between the functionaries of the State Government and Director, UJALA. On 11.11.2013, the meeting was conducted in the office of Secretary, Higher Education. After due consideration of the situation, the following decisions were taken: -
a. A report from the District Magistrate, Nainital will be obtained regarding the availability/non-availability of land at Bhowali for the purpose of establishment of National Law University.
b. The process of amending the Act of the said university will be started after obtaining the proposal for the same from the Director, Uttarakhand Judicial and Legal Academy, Bhowali bringing the situations to the knowledge of Hon'ble Chief Minister.
c. The Vice-Chancellor, G.B. Pant University of Agriculture and Technology will be contracted to explore the possibility of availability of land and to start the classes of the National Law University from the session 2014-15 as an interim measure.
d. The ........