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Supreme Court - Daily Orders

The University Grants Commission vs Annamalai University on 5 July, 2023

Bench: Sanjay Kishan Kaul, Sudhanshu Dhulia

                                                        1


     ITEM NO.19                              COURT NO.2               SECTION XII

                                  S U P R E M E C O U R T O F     I N D I A
                                          RECORD OF PROCEEDINGS

     SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 16604/2023

     (Arising out of impugned final judgment and order dated 20-01-2023
     in WA No. 606/2015 20-01-2023, WP No. 27185/2015, WP No. 34428/2015
     WP No. 39602/2015, WPMD No. 10992/2015, WP No. 2750/2016, WP No.
     26088/2016, WP No. 37992/2016, WP No. 43404/2016,WP No. 7513/2017
     WP No. 24080/2017, WP No. 3784/2018, WP No. 3889/2018, WP No.
     3892/2018, WP No. 15203/2018, WP No. 16053/2018, WP No. 17351/2018
     WP No. 20290/2018, WP No. 11997/2022, WP No. 25455/2022, WP No.
     3890/2018, WP No. 3891/2018 passed by the High Court Of Judicature
     At Madras)

     THE UNIVERSITY GRANTS COMMISSION                                 Petitioner(s)

                                                    VERSUS

     ANNAMALAI UNIVERSITY & ORS.                 ETC.                 Respondent(s)

     (FOR ADMISSION and I.R. and IA No.115222/2023-EXEMPTION FROM FILING
     C/C OF THE IMPUGNED JUDGMENT and IA No.115223/2023-CONDONATION OF
     DELAY IN REFILING / CURING THE DEFECTS )

     Date : 05-07-2023 These petitions were called on for hearing today.

     CORAM :
                            HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
                            HON'BLE MR. JUSTICE SUDHANSHU DHULIA

     For Petitioner(s)                 Mr. Tushar Mehta, Solicitor General
                                       Mr. Apoorv Kurup, AOR
                                       Ms. Kirti Dadheech, Adv.
                                       Mr. Ojaswa Pathak, Adv.
                                       Mr. Akhil Hasija, Adv.
                                       Ms. Apoorva Jha, Adv.
                                       Ms. Aparna Arun, Adv.

     For Respondent(s)


                         UPON hearing the counsel the Court made the following
Signature Not Verified
                                               O R D E R

Digitally signed by Charanjeet Kaur Date: 2023.07.05 16:28:58 IST Reason: Application for exemption from filing C/C of the impugned judgment is allowed.

Delay condoned.

Learned Solicitor General seeks to contend that though the impugned judgment is in their favour, the grievance made is in respect of the last sentence of paragraph 52 opining that the students who have already undergone the courses pursuant to the interim orders of this court will not be affected. In this behalf, learned Solicitor General submits that the judgment of this Court in Orissa Lift Irrigation Corporation Ltd. vs. Rabi Sankar Patro & Ors.,(2018) 1 SCC 468 in paragraphs 48 and 66.7 has dealt with this aspect.

On examination, we find that the matter in issue in that matter was related to technical degrees. In order to better appreciate the spectrum of the case, we would like the petitioners to file an affidavit setting out which are the degrees which are in question so that if necessary we can segregate the aspect of some courses for which the impugned judgment may survive but may require interference for others.

Learned Solicitor General submits that since this was an unregulated sector, full information itself may not be available with the UGC and it will be appropriate to issue notice to the respondent universities to disclose the aforesaid aspect.

Let notice issue to the respondents. A copy of the order to be enclosed so as to facilitate filing of the affidavits confined to the aspect posed by the Court.

We would like to have the view from the Indira Gandhi National Open University/respondent No. 5.

[CHARANJEET KAUR]                       [POONAM VAID]
ASTT. REGISTRAR-cum-PS             COURT MASTER (NSH)