Supreme Court - Daily Orders
Symbosis International University vs Union Of India on 15 September, 2014
Bench: Kurian Joseph, Rohinton Fali Nariman
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ITEM NO.14 COURT NO.1 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Civil) No(s). 734/2014
SYMBOSIS INTERNATIONAL UNIVERSITY AND ORS Petitioner(s)
VERSUS
UNION OF INDIA AND ORS Respondent(s)
(with appln. (s) for interim relief and office report)
Date : 15/09/2014 This petition was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE KURIAN JOSEPH
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
For Petitioner(s) Mr. Ram Jethmalani, Sr. Adv.
Mr. P.P. Rao, Sr. Adv.
Dr. Abhishek Manu Singhvi, Sr. Adv.
Mr. Anupam Lal Das,Adv.
Mr. Ravi Bhardwaj, Adv.
Mr. Prateek Tewari, Adv.
Mr. Pranav Diesh, Adv.
Mr. Karan Kalia, Adv.
Mr. Umesh Dindore, Adv.
Mr. P.R. Mala, Adv.
Mr. Anirudh, Adv.
For Respondent(s) Mr. Ranjit Kumar, Solicitor General
Mr. Aman Ahluwalia, Adv.
Ms. Bina Tamta, Adv.
Mr. Vijay Prakash, Adv.
Mr. B. V. Balaram Das,Adv.
Signature Not Verified
Mr. Ardhendumauli Kumar Prasad,Adv.
Digitally signed by
Ms. Pankhuri Bhardwaj, Adv.
Rajesh Dham
Date: 2014.09.17
12:28:56 IST
Mr. Nitesh Ranjan, Adv.
Reason:
Mr. Apoorv Kurup, Adv.
Mr. Vikas Singh Jangra, Adv.
Mr. Rohit Rathi, Adv.
Mr. V.C. Shukla, Adv.
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Mr. Amitesh Kumar, Adv.
Mr. Shashank Shekhar, Adv.
Mr. M.K. Sinha, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Connect with Writ Petition (Civil) No. 380 of 2010, Symbiosis International University & Ors. Vs. Union of India & Ors.
As of now, we pass the following order:-
In the counter affidavit filed by the University Grants Commission (for short, 'Commission'), it is submitted that the Commission's resolution dated 22.07.2014 is primarily based on the policy decision taken by the Central Government that deemed to be universities in category 'B' will not be allowed to expand their activities unless they are elevated to category 'A' as otherwise, the expansion of such institutions would further enhance their deficiencies.
Having considered the above reply of the Commission, we are of the view that the consideration of the subject, namely, the report of the Expert Committee constituted to assess the proposal of 3 Symbiosis International University (deemed university), Pune, Maharashtra to start off-campus centre at Hyderabad is legally flawed being not in accord with the UGC (Institutions Deemed to be Universities) Regulations, 2010 and, accordingly, the resolution dated 22.07.2014 on the above subject has to be quashed and is quashed.
The Commission is directed to hold fresh meeting to consider the above subject as early as possible and, in no case, later than three weeks from today. The advice by the Commission shall be sent to the Central Government immediately after the above meeting and the Central Government will take a decision on such advice as early as may be possible and positively within ten days of the receipt of such advice.
The petitioners are granted liberty to make interlocutory application for interim relief, if necessary.
(RAJESH DHAM) (RENU DIWAN) COURT MASTER COURT MASTER