CAN A UNIVERSITY BE CONSIDERED AS AN OFFICE FOR CENTRAL

GOVERNMENT OR STATE GOVERNMENT

APPORV PAL

BACKGROUND:

After the end of the vacations, Hidayatullah National Law University (HNLU) appealed the
Supreme Court against the judgment passed by the Chhattisgarh High Court. The case of the
High Court is about the death a person (Vineet Srivastava) caused by a motor vehicle accident.
This vehicle is owned by the Hidayatullah National Law University (HNLU).

The Supreme Court will now look into this matter and the issue “can a university be considered
as an office for central government or state government” will be decided by them consequently.

CURRENT ISSUE:

Death of a person is occurred by a vehicle which is owned by the Hidayatullah National Law
University. A reimbursement of Rs. 10,81,700 was awarded by the Motor Accidents Claims
Tribunal to the claimants. The liability of compensating the claimant lies upon the driver, owner
(Hidayatullah National Law University) and insurer (ICICI) of the vehicle jointly and severally.

To this order passed by the Tribunal ICICI appealed the Chhattisgarh High Court. They argued
mainly on two points:

1. The vehicle belonging to HNLU did not have valid permit at the time of accident to
operate the Bus as a passenger carrying vehicle.
2. The driver of offending vehicle did not have proper license at the time of accident.

Based on the above two grounds the insurance company appealed the High Court to free them
from the chains of the compensation charges.

Now a question which comes up to the court is that whether it will consider a University as an
office of the state or not. If it will consider a university as an office for state then according to the
section 66(3) of the Motor Vehicles Act, 1988 the issue of permit can be quashed.
Section 66(3) of the Motor Vehicles Act, 1988 is a provision which mentions that vehicles which
are authorized for government duty do not require any tender for the work. If a vehicle which is
working for the state government or central government or a motor vehicle which is owned by a
body which is an office of central or state government and is carrying passengers does not
require a tender for it.

After all the High Court noted that the HNLU is a self-governing body and is not connected by
the state in any matter except periodic funds given by the state for the non-interrupted
functioning of the university. It also does not provide free education and charges a weighty
amount of money from its students. Therefore it is not an office of the state or central
government.

Relying on its above statement, the High Court allowed the appeal filed by ICICI Lombard and
ordered the company that it can recover the amount of compensation paid from HNLU.

CONCLUSION:

Advocate Anirudh and Selvin appealed the Supreme Court representing the HNLU against the
order passed by the Chhattisgarh High Court. The bench comprises of Justices Nv Ramana and
Ajay Rastogi will be going the hear the matter and they issued the notice to the ICICI for the
same. Now the issue “Can a University be considered State?” will be judged by the Supreme
Court.