Uttarakhand High Court
WPSB/302/2025 on 5 August, 2025
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE SRI G. NARENDAR
AND
HON'BLE SRI JUSTICE ALOK MAHRA
05TH AUGUST, 2025
WRIT PETITION (S/B) No. 302 OF 2025
With
WRIT PETITION (PIL) No. 124 OF 2025
WRIT PETITION (M/S) No. 1167 OF 2025
Counsel for the petitioner in WPSB : Mr. Aditya Singh, learned counsel.
No. 302/2025.
Counsel for the petitioner in : Mr. Tapan Singh, learned counsel.
WPPIL No. 124/2025.
Counsel for the petitioner in : Mr. M.C. Pant and Mr. D.S. Mehta,
WPMS No. 1167/2025 learned counsels.
Counsel for the Union of India. : Mr. Saurav Adhikari, learned CGSC.
Counsel for the State of : Mr. Gajendra Tripathi, learned
Uttarakhand. Standing Counsel.
Counsel for the UGC. : Ms. Anjali Bhargava, learned counsel.
Counsel for the Sponsoring : Mr. Ajay Veer Pundir, learned counsel.
Bodies.
Counsel for respondent no. 8 in : Mr. Piyush Garg, learned counsel.
WPSB No. 302/2025.
Counsel for respondent no. 6 in : Ms. Sukhwani Singh, learned counsel
WPMS No. 1167/2025. holding brief of Mr. Parikshit Saini,
learned counsel.
COMMON ORDER :(per Sri G. Narendar, C.J.) This Bench has posed the following query to Mr. Saurav Adhikari, the learned CGSC :
"Whether the Under Secretary is the Competent Authority under Chapter IV Section 20 of the University Grants Commission Act, 1956?"
2. In response, the learned CGSC submits that he has filed his counter affidavit in the matter. It is apparent 1 that the learned CGSC, for reasons best known, is avoiding a direct answer to the query. We have further queried the learned CGSC, as to in which paragraph of the counter affidavit, this query is addressed?To this, the learned CGSC submits that the query is addressed in paragraph nos. 9, 10& 11 of the counter affidavit. Paragraph nos. 9 to 11 reads as under :
"9. That, subsequently, Arya Pratinidhi Sabha (Delhi, Punjab & Haryana), has raised their concerns regarding appointment of the Chancellor and the Vice-Chancellor by the Government, through various representations.
10. That considering these representations received from Arya Pratinidhi Sabha (Punjab, Haryana and Delhi), this Ministry asked Arya Pratinidhi Sabha (Punjab, Haryana & Delhi) to submit its roadmap on how they plan to increase their contribution in running the Institution, so that its contribution in the total revenue exceeds 50% of annual revenue of the Institute. Simultaneously, it was decided with the approval of the Competent Authority to revisit contours of the MoA. Accordingly, the Ministry, vide letter dated27.03.2024, withdrew its approval on the registration of the MoA. It was also clarified that further directions shall be intimated subsequently.
11. That the Arya Pratinidhi Sabha (Punjab, Haryana and Delhi vide representation dated 18.01.2025 requested this Ministry to allow institute to continue with the existing MoA (as per the UGC Regulations 2019) for next 6 years so that the Govt contribution in expenditure of the Institution may be lowered to 50%. They have also submitted their willingness to increase their contribution in running the Institution and their plan of maximizing generation of internal resources. A copy of representation dated18.01.2025 is annexed as Annexure No.-1 to this short counter affidavit."
3. A plain reading of the above paragraphs nowhere states or reveals, as to which provision of the Act vest competency in the Under Secretary to pass such an 2 order or authorize such take-over of a University. Thus, it is apparent that this respondent is deliberately evading an answer to the query, which, in our prima facie opinion, appears to go to the very root of the matter, and at this stage, we have no other option, but to infer that the Under Secretary has acted without authority. In paragraph no. 10, it is deposed that "Simultaneously, it was decided withthe approval of the Competent Authority to revisit contours of the MoA." Neither the decision of the Competent Authority, nor the proceedings are before this Court.
4. The learned CGSC would submit that, in paragraph no. 13, the approval of the Competent Authority is quoted. We have queried the learned CGSC, as to whether the so called proceedings is placed before the Court, and it has been repeatedly impressed that the actions do not appear to be above board, and do not appear to be in consonance with the UGC Act.
5. We have perused the short counter affidavit, as described by the learned CGSC, and we find that there is no reference to even a single provision of law, which would reflect, as to who is the Competent Authority, and the 3 contours of the power conferred on the Competent Authority.
6. This Court is faced with a very strange, and probably the first of its kind situation, where three entities, having their existence in Punjab, Haryana & Delhi, are said to have written a letter, claiming themselves to be the Sponsoring Bodies, and requesting that they be permitted to take over the management of the Gurukula Kangri (Deemed to be University), Haridwar, and in response to that, Letter No. F.No. 12-4/2024-U.3(A) dated 03.03.2025 has been issued by the Under Secretary. The said letter dated 03.03.2025 reads as under :
"F. No. 12-4/2024-U.3(A) Government of India Ministry of Education Department of Higher Education (ICR Division) Shastri Bhawan, New Delhi Dated: 3rd March, 2025.
To
1. Shri Sudarshan 2. Shri Desh Bandhu 3. Shri Dharmapal Sharma, Arya Madan, Arya Arya, Delhi Arya Pratinidhi Sabha, Pratinidhi Sabha, Pd. Pratinidhi Sabha, Gurudatt Bhawan, Jagdev Singh Sidhanti 15, Hanuman Road, Kishanpura Chowk, Bhawan, Dayanand New Delhi- Jalandhar, Punjab Math, Rohtak, 110001 Haryana Subject: Memorandum of Association (MoA) of Gurukula Kangri Haridwar in accordance with the UGC (Institutions deemed to be Universities) Regulations,2023 - reg.
Sir, I am directed to refer to your letter dated 18.01.2025 on the subject cited above and to convey approval of the Competent Authority permitting the Institution to continue with its existing MoA, which is in accordance with the UGC (IDTBU) Regulations 2019, till the end of Financial Year 2027-28 subject to fulfillment of the following terms and conditions, failing which, the Institution 4 shall be required to amend its MoA as per the UGC (Institutions deemed to be Universities) Regulations, 2023 immediately after end of FY 2027-28:
i. Grants-in-Aid from the Ministry shall be released for OH-36 (Salary) and OH-31(Pension only) for posts already sanctioned by the UGC only. Institution shall furnish person- wise details of its employees and pensioners against the sanctioned posts along with the monthly salary and pension expenditure to this Ministry.
ii. The Institute shall demonstrate, through its duly audited books of account that it is able to generate more than 50% of its revenue on their own, i.e., total receipts as well as total expenses of the Institute is more than twice the government grants given to them. This should be achieved on or before the end of financial year 2027-28.
iii. The Institution shall submit a report comprising details of assets of the Institution acquired wholly or substantially out of the previous Government Grants to Ministry of Education by 17.03.2025. Assets of the Institution acquired wholly or substantially out of Government Grants, except those declared as obsolete and unserviceable or condemned in accordance with the procedure laiddown in the GFR, 2017, shall not be disposed of without prior approval of the Central Government.
iv. The ownership of buildings constructed with Grants-in-aid shall vest with Government. The institution will be allowed to occupy the building as lessee. The suitable record of details of location, cost and terms and conditions of lease shall be furnished to Ministry of Education.
v. The sponsoring body shall create and maintain corpus funds for the Institute from their own source of funding in accordance with the provisions of Regulation 4.02 of UGC (IDTBU) Regulations 2019.
vi. The Institution shall revise Memorandum of Understanding (MOU) to be signed amongst Ministry of Education, UGC and the institution with the new pattern of assistance.
vii. No extension of such relaxation shall be provided after the end of FY 2027-28.
viii. The sponsoring body shall give a legal undertaking for compliance of the above terms and conditions.
Yours faithfully, (JyotiRanjan) Under Secretary to the Government of India Tele: 23381578 Email: [email protected]"
7. The second last sentence from the bottom draws our attention. It reads that "No extension of such relaxation shall be provided after the end of FY 2027-28." 5 What is the relaxation that is referred to, is not forthcoming. It is even more interesting to note the letter produced as Annexure No. 2 dated 11.03.2025 of one of the alleged sponsors. The letter opens with the following sentence : "Whereas, Arya Pratinidhi Sabha Punjab (Regd.) Jalandhar is the ownerof all the properties both immovables & movables of Gurukul Kangri Vishavidyalya Haridwar, Gurukul Vidyalya Dehradun Uttrakhand India, Gurukul Kangri Pharmacy, Gurukul Vidyalya, Haridwar Uttrakhand, India and in order to safeguard the rights and interests of the Arya Pratinidhi Sabha Punjab (Regd.) Jalandhar, it is unanimously resolved that in order to file civil/ criminal cases/ civil writ petitions/ civil/criminal revisions/ civil/criminal appeals etc. and to defend the same in the civil/ criminal Courts/ High Courts and Supreme Court of India, AryaPratinidhiSabha Punjab (Regd.) Jalandhar hereby authorize Sh. Dina Nath Sharma."
8. At this stage, the learned counsel for the Sponsoring Bodies submits that, on an earlier occasion, in Special Appeal No. 93/2023, one of us (Alok Mahra, J.) had recused himself.
6
9. In that view, list all these cases before a Bench, of which one of us (Alok Mahra, J.) is not a member after obtaining orders from the Hon'ble Chief Justice.
10. On the next date, the learned counsel for the Sponsoring Bodies (03 in number) shall place the details of the banking transactions undertaken by them post 03.03.2025 till date. If any movable and immovable assets of the University have been alienated/dealt with, details of the same shall be placed before the Court.
_______________ G. NARENDAR, C.J.
_____________ ALOK MAHRA, J.
Dt: 05th August, 2025 Rahul 7