Al Falah University has moved the Punjab and Haryana High Court challenging the constitutional validity of the Haryana Private Universities (Amendment) Act, 2025. The petition claims the new law gives the state “unbridled power” to take over private universities, violating Articles 14 and 30 of the Constitution.
Chandigarh: Al Falah Charitable Trust and Al Falah University have approached the Punjab and Haryana High Court challenging the constitutional validity of the Haryana Private Universities (Amendment) Act, 2025.
The petition questions the sweeping powers granted to the State government under the amended law and argues that the provisions violate fundamental constitutional protections available to private and minority educational institutions.
The challenge comes after the Haryana Legislative Assembly passed the Haryana Private Universities (Amendment) Bill in December last year.
The amended law introduces new provisions that allow the State government to dissolve the management body of a private university and take over its functioning by appointing an administrator under certain circumstances. These circumstances include issues relating to national security, public security and law and order.
In its petition, the university has specifically referred to Sections 44B and 46 of the amended Act. It has argued that the new provisions give the government excessive and unchecked authority. The plea states that the State has been granted
“unbridled power to take over the management and control of a private university under the proxy of an administrator”
appointed by the government under the garb of “any grave lapse” including national security, public security, law and order, etc.
The amendment was introduced by the BJP-led Haryana government shortly after a major terror investigation. A so-called “white collar” terror module was busted by the Jammu and Kashmir Police along with police teams from Uttar Pradesh and Haryana.
During the investigation, officials traced certain links to Faridabad’s Al Falah University. Some members of the university’s faculty were allegedly connected to a blast near Delhi’s Red Fort on November 10, which resulted in the death of 15 people.
The petition clarifies that after the allegations surfaced, the university took immediate action. According to the plea, four faculty members were allegedly linked to the bomb blast in Delhi. The university terminated the services of all four faculty members and fully cooperated with the investigating agencies.
Despite this, the State government issued a letter to the university under Section 46 of the amended Act, informing it that an inquiry was being initiated. Inquiry officers were appointed by the government, and a notice was issued to inspect the campus on January 16 under the new law.
The matter came up for hearing before the High Court on Monday, and the next date of hearing has been fixed for April 6.
In its legal challenge, Al Falah University, which describes itself as a minority educational institution, has argued that the amended law directly interferes with its constitutional rights.
The petition states that
“in case of normalcy having been restored in the university and despite that the state continues to assume control of the university by appointing its own functionaries thereby dissolving and converting the nature of a private university, which is in complete violation of Article 30 of the Constitution of India, as is in the present case”.
The plea further contends that the classification made under the amended provisions is unconstitutional. It has challenged the classification for
“being manifestly, arbitrary and much in the teeth of principles of reasonableness forming the touchstone of protection against encroachment of rights enshrined under Article 14”.
The university has also strongly objected to the extent of powers granted to the government under the amended Act. It has stated that the provisions grant
“unbridled, arbitrary power to the state government to take over the complete and absolute control and administration of any private university for perpetuity”
and thereby completely dissolve the very nature of the said university and further usurp the control and management of the institution including private property owned by such private institution pr university.
Through this petition, the trust and the university have sought judicial review of the amendment, arguing that while the State may act in matters of security, such powers must remain within constitutional limits.
The High Court’s decision in the matter is expected to have significant implications for private and minority educational institutions across Haryana, especially in balancing state oversight with constitutional protections under Articles 14 and 30 of the Constitution of India.
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