Bombay High Court
Shiraj Udayrao Borse And Ors vs The State Of Maharashtra Through Prin. ... on 25 July, 2019
Equivalent citations: AIRONLINE 2019 BOM 1792
Bench: S. C. Dharmadhikari, Sandeep K. Shinde
Judgment-WPST.20304.2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION (ST) NO. 20304 OF 2019
1. Dhiraj Udayrao Borse }
Age : 23 years, Occu.:Student, }
R/o Plot No.38, Near }
Siddhivinayak temple, Satpur, }
Ashoknagar, Nashik - 422 012 }
}
2. Sudip Rajendra Nikam }
Age : 22 years, Occu.: Student, }
R/o Plot No.228, Sarvadnya, }
Kalamagav, Dindori Road, }
Nashik-422 004 }
}
3. Sahil Rajmahamad Shaikh }
Age : 24 years, Occu.: Student, }
R/o C-104, Hari Sneha Phase 1, }
Khode Nagar, Wadala Shivar, }
Nashik - 422 006 }
}
4. Prasad Rajendra Suryawanshi }
Age : 22 years, Occu.: Student, }
R/o Flat No.5, A wing, Yash }
Heights, Govind Nagar, Nashik- }
422 009 }
}
5. Saurabh Sanjay Kalore }
Age : 23 years, Occu.: Student, }
R/o Virangula Building, Near }
Hedgewar Blood Bank, }
Jatharpeth, Akola - 444005 }
}
6. Ghanshyam Dhanraj Pawar }
Age : 26 years, Occu.:Student, }
R/o 23, Kailas Nagar, Wadala }
Pathardi Road, Nashik-422009 }
}
7. Ashwin Santosh Tarle }
Age : 22 years, Occu.:Student }
R/o 5, Tejpratik Housing Society, }
Navnirman Chowk, }
Page 1 of 81
J.V.SALUNKE,PS
::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 :::
Judgment-WPST.20304.2019.doc
Makhmalabad Naka, Panchavati }
Nashik- 422 003. }
}
8.Abhinav Ramesh Nalawade }
Age : 24 years, Occu.:Student, }
R/o B-504, Hari Om Puram, }
New DP Road, Aundh, }
Pune - 411 007. }
}
9. Shantanu Vishwanath Chavan }
Age : 23 years, Occu.:Student, }
R/o MIG-165, Mhada Colony, }
Near Dhoot Hospital, }
Aurangabad - 431001. } Petitioners
versus
1. The State of Maharashtra }
Through its Principal Secretary,
}
Higher and Technical Education }
Department, Mantralaya, }
Mumbai -32. }
}
2. The Director of Technical }
Education, MS, }
3, Mahapalika Marg, Post Box }
No.l967, Opp. Metro Cinema, }
Mumbai - 400 001 }
}
3. The University of Mumbai }
Through its Registrar, }
M.G.Road, Fort, Mumbai 400 032 }
}
4. The Director, }
Jamnalal Bajaj Institute of }
Management Studies, }
164, Backbay Reclamation, }
H.T.Parekh Marg, Churchgate, }
Mumbai - 400020 }
}
5. The University Grants }
Commission, }
Through its Chairman, }
Bahadur Shah Zafar Marg, }
New Delhi - 110002 }
Page 2 of 81
J.V.SALUNKE,PS
::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 :::
Judgment-WPST.20304.2019.doc
6. The State Common Entrance }
Test Cell, Maharashtra State, }
Mumbai through its Commissioner}
8th Floor, New Excelsior Building }
A.K.Nayak Marg, Fort, }
Mumbai - 400001 } Respondents
Mr.S.B.Talekar a/w V.P.Patil, Vinod Tayde
i/b.M/s.Talekar and Associates for the Petitioners.
Mr.A.A.Kumbhakoni, Advocate General a/w
Mr.B.V.Samant, AGP, Mr.P.P.Kakade for State.
Mr.Rui A. Rodrigues for Respondent No.6-CET Cell.
Ms.Shivani Khanna a/w Mr.Saahil Bijliwala i/b FZB &
Associates for Respondent Nos.3 and 4.
Dr.S.K.Mahajan-Joint Director of Technical
Education for Respondent Nos.1, 2 and 6 present.
Smt.Kavita Laghate, Director, Jamnalal Bajaj
Institute of Management Studies for Respondent
Nos.3 and 4 present.
CORAM :- S. C. DHARMADHIKARI &
SANDEEP K. SHINDE, JJ.
DATED :- JULY 25, 2019
ORAL JUDGMENT :- (Per S.C.Dharmadhhikari, J.)
1. Heard both sides.
2. Rule. Respondents waive service. By consent, Rule is made returnable forthwith.
3. By this petition under Article 226 of the Constitution of India, the petitioners pray for the following reliefs:- Page 3 of 81
J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc "A. To direct the respondents to initiate and complete the process of extension of autonomous status in respect of JBIMS by following the procedure prescribed under Statute Nos.593 to 642 passed by the University of Mumbai as well as the Regulations of 2018 framed by UGC by issuing a writ of mandamus, or any other appropriate writ, order or direction as the case may be;
B. To quash the impugned allocation of seats in respect of 3001-Jamnalal Bajaj Institute of Management Studies, Mumbai published by the State CET Cell, Mumbai (Exhibit "R") by issuing a writ of certiorari or any other appropriate writ, order, or direction as the case may be;
.....autonomous University Department and thereby granting admissions to 102 students strictly on the basis of merit at state level and without providing any reservation to Home University, pending hearing and final disposal of this petition;
D. To grant interim injunction restraining the respondents more particularly, State CET Cell, Mumbai their agents, subordinates and servants from admitting students as per the seats matrix i.e. allocation of seats between Home University and other than Home University, published by the State CET Cell, Mumbai (Exhibit "R") pending hearing and final disposal of this petition;
E. To quash the provisional allotment list published on 17.07.2019 by the Maharashtra State CET Cell (Exhibit "S") by issuing a writ of certiorari or any other appropriate writ, order or direction, as the case may be;
F. To grant interim injunction restraining the respondents, their agents, subordinates and servants from admitting the students pursuant to the provisional Allotment list published on 17.07.2019 by the Maharashtra State CET Cell, MS, Mumbai (Exhibit "S"), pending hearing and final disposal of the present Petition;"
4. The petitioners before us have a Bachelors degree in Engineering from universities other than the University of Mumbai. The first respondent before this court is the State of Page 4 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc Maharashtra through the Principal Secretary, Department of Higher and Technical Education. The second respondent is the Director of Technical Education, Maharashtra State ("DTE", for short) and the third respondent is the University of Mumbai. The fourth respondent is the Director, Jamnalal Bajaj Institute of Management Studies (hereinafter referred to as "JBIMS"), whereas, the fifth respondent is the University Grants Commission and the sixth respondent is the Common Entrance Test (CET) Cell established for Maharashtra State and sued through its Commissioner.
5. The petitioners say that the University of Mumbai has conferred autonomous status on the colleges, more particularly mentioned in para 2 of this petition. It is stated that the autonomous colleges/ University Departments shall have the freedom to determine and prescribe its own courses of study and syllabus, prescribe rules of admission, subject to Government norms, evolve methods of evaluation and conduct examinations and evolve new courses/ subjects as per the requirement of the region, society or industry. Thus, the college/ University Department shall be full accountable for the conduct and quality of education. It is stated that the University statutes referred and compiled as Exhibit 'A' to the petition set out the scheme for grant Page 5 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc of autonomous status. The JBIMS applied for autonomous status sometime in 2013 and the authorities in the University accepted that proposal and thereafter, the autonomous status was granted to JBIMS for a period of five years vide notification dated 9 th July, 2014. Exhibit 'B' is a copy of the Press Note containing the decision of the University of Mumbai.
6. After setting out the status, reputation of JBIMS, it is stated that the process to extend this autonomous status had commenced, for the five years' period was to come to an end, on 11th July, 2019. It is stated that the admission process to the course, namely, Master in Management Studies commenced vide issuance of an information brochure on 29 th January, 2019. The admission process for the academic year 2019-2020 is thus enlisted in this brochure, copy of which is at Exhibit 'C'.
7. The CET was held on 9th and 10th March, 2019 and its results were declared on 30th March, 2019. It is stated that this test was held for the Maharashtra seats. The petitioners secured good marks in respective categories. They were sure of getting admission to JBIMS and particularly because of its autonomous status. The details of the rank of each of these petitioners, including their position in the merit list is set out in para 15 at page 10 of the petition. It is stated that simultaneously these petitioners took test, which is a common admission test for Page 6 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc admission to Indian Institute of Management and such other institutions awarding post graduate degrees in Management Science/ Masters degrees in Management Sciences, but they found that JBIMS has reputation on par with Indian Institute of Management. Hence, they opted for admission to JBIMS. The option was taken particularly because of the autonomous status. The option was also taken because in all 132 (120+12) is the intake capacity of JBIMS. 85% of the total seats were thus available for Maharashtra State students. The understanding given to the petitioners was, they may be graduate of any University, other than the University of Mumbai, in Maharashtra, but they are still eligible to compete and to be considered for admission against the 85% State level quota. These students accessed the official website of the Directorate of Technical Education, Maharashtra State, Mumbai, which displayed the status of JBIMS as autonomous University Department. The same information was displayed on the website of JBIMS, Mumbai University and sixth respondent to this petition. It is clear that this portal being accessed and the information being uploaded by public officials, the petitioners, relying upon the same, gave up their admissions in other institutions in the country. They did not pay the fees though selected. The details of the petitioners giving up such admissions are set out in the petition. Page 7 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc
8. It is stated that the information brochure for the MBA, MMS degree for academic year 2019-2020 came to be published by the State CET Cell, Mumbai, State of Maharashtra on 29th June, 2019. As per the scheduled dates for this academic year, the uploading of application forms and required documents was to be done on 30th June, 2019, verification of documents was on the same day and the display of provisional list was scheduled on 6 th July, 2019. The final merit list was to be published on 9th July, 2019.
9. Our attention has been drawn to Schedule-I of the information brochure, in which, as against the title - Government Aided Institutions, University Departments, 85% seats were to be filled in at State level, whereas, 15% seats were to be filled in as all India quota. As far as non-autonomous institutions are concerned, out of 85% State level seats, 70% seats were reserved for Home Universities and 15% seats for other than Home Universities. This stipulation, according to the petitioners would not apply to JBIMS because its status was determined as autonomous. Therefore, JBIMS was obliged to fill in the seats strictly as per the merit, subject, of-course, to the constitutional reservations. A copy of this admission notice is at Exhibit 'H' and the admission brochure is at Exhibit 'I'.
Page 8 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc
10. The petitioners applied on-line before the cut-off date, their documents were verified and the provisional merit list was published on 6th July, 2019. In para 25 of the petition, the petitioners state that all of sudden, the schedule of dates for Maharashtra State/ All India candidates was revised on 4th July, 2019 for the reasons best known to the respondents and the State CET Cell. At Exhibit 'J' to the petition is a copy of the revised schedule.
11. It is stated that once the information was available and the status of JBIMS was shown as autonomous, it is for the first time that this status was shown as non-autonomous on the website of the Directorate of Technical Education on 1st July, 2019. In paragraphs 27 and 28 of the petition, reliance is placed on the answers to the questions posed about the status of JBIMS and the answers given to the petitioners were that these post graduate courses in Management Science were conducted by JBIMS in its capacity as autonomous institution. The status being changed to non-autonomous and from the academic year 2019-2020, according to the petitioners, would result in 70% of the seats in JBIMS being earmarked for the Home University, namely, the University of Mumbai, of which, it is claimed that JBIMS is a department. Once the JBIMS was displayed and throughout as an Page 9 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc autonomous institution, then, this change in status would adversely affect the progress of these petitioners, who are not graduates of the University of Mumbai.
12. It is stated that the period of five years reckoned by the University of Mumbai for autonomy of JBIMS was to end in July, 2019. The process of admission was delayed because of the understanding of the Director of Technical Education and the Government of Maharashtra that JBIMS will be non-autonomous thereafter. This position is contested by the petitioners and they say that the autonomous status has been granted by the University of Mumbai. It has neither withdrawn it nor has it revoked it in terms of its ordinance and statutes. It has not refused to renew it either. All the renewal papers were ready, but JBIMS was, for the reasons best known to it, not forwarding them to the University or to the competent authorities. Reliance is placed before us on the UGC regulations, copy of which is at Exhibit 'O'. After elaborating the relevant regulations, it is urged that the third respondent-University ought to have granted the extension as prayed. It is stated that the extension was indeed prayed and applied for. That was well in advance. The University could have taken a decision on the same. However, the petitioners tried to seek answers from the respondents, but they Page 10 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc were evasive in their replies. When the petitioners tried to obtain information under the Right to Information Act, 2005, they were informed that till the academic year 2018-2019, all the 120 seats were filled at State level without providing for reservations to the Home University. It is stated that the same is established from the provisional allotment for admission for two years' full time degree course published by the State CET as well.
13. Thus, the allegation is that this is a pre-planned, well calculated move to stall the admission process and on the eve of expiry of the autonomous status. Thereafter, the seat matrix was published by providing 70% quota to Home University, namely, University of Mumbai.
14. The breakup of the seats in JBIMS available for postgraduate degree is set out in para 51 and it is submitted that the Maharashtra State seats are 102 and All India seats are 18. Out of these 102 Maharashtra seats, 79 seats would be filled in from amongst the students of Home University (University of Mumbai), whereas, only 23 seats would be available for students from 11 other universities in the State of Maharashtra. If the autonomous status of JBIMS as displayed is continued, then, these 79 seats would have been taken by the students from other universities in the State of Maharashtra. Now, this figure having Page 11 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc been reduced to 23, it has minimised the chances of the petitioners. There are more than 63 students who would be denied admissions. It is evident that the sixth respondent published provisional allotment list of the common admission process round for admissions to postgraduate degree course in Management in JBIMS. That was published on 17 th July, 2019. It is in these circumstances and being aggrieved by non-extension of the autonomous status, reduction of State level seats to graduates of universities other than Mumbai University that this writ petition under Article 226 of the Constitution of India with the aforenoted prayers has been filed.
15. Since the factual position is undisputed, all that we have taken on record is a compilation of letters tendered by Mr.Kumbhakoni learned Advocate General appearing for the State of Maharashtra, the Directorate of Technical Education and the Maharashtra CET Cell. We would advert to the contents of these communications a little later. Before we do that, we must appreciate the arguments of Mr.Talekar appearing for the petitioners.
16. Mr.Talekar would submit that once there is an autonomy granted to JBIMS, that autonomy or that status does not come to an end by a communication on the part of the State Government. Page 12 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc If indeed JBIMS has applied for extension or continuation of that status, then, the University of Mumbai taking no action on the same is of no legal consequence. The autonomous status has been granted by the University of Mumbai in accordance with its statutes. Mr.Talekar has invited our attention to the relevant statutes under caption "Statutes regarding Autonomous College/ Recognised Institution/ University Department/ University Institution. In particular, Mr.Talekar has invited our attention to statutes 594, 597, 602 and 603 to submit that the following statute 604 provides for extension of autonomy. There is a procedure set out for the same. That when extension is sought, the procedure to be followed is the same while considering a application for grant of autonomy does not mean that the University can sit on any pending proposal for extension or if the proposal was not forwarded, it can be construed as an end of the autonomy. In that regard, our attention has been invited by Mr.Talekar to the statutes to submit that the State Government could not have assumed that the autonomy granted by the University of Mumbai to JBIMS came to an end on expiry of five years. That such an autonomy does not come to an end insofar as those students who are seeking admissions on the basis of a advance notice or a brochure published for admissions much prior to the commencement of the Academic Session 2019-2020 Page 13 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc and informing them of the schedule. The CET has been taken. That is a single test. That is taken of all the students, whether they are from University of Mumbai students or of other universities. A common merit list is drawn up and admissions have to be granted on the basis of the said list. The process of conducting examination, declaring results and drawing up such a list commenced and was completed prior to 11th July, 2019. Even the dates for filling up the admission form were notified as 29 th and 30th June, 2019. The final list of the candidates was to be published on 6th July, 2019. Mr.Talekar, therefore, submits that the autonomous institutions having commenced this process on the basis that their status is going to be continued or extended, the State and the DTE cannot presume that the status is lost. That is only when the autonomy is surrendered or that is revoked. There is no other mode by which the autonomy comes to an end and therefore, the State could not have assumed that it has come to an end. Now, this understanding of the State is faulty and prejudicial to the interest of the students causing them hardship is evident because a large chunk of students drawn from universities other than Mumbai University stands excluded. It is clear that the petitioners relied upon the documents which were in public domain. Inviting our attention to pages 162 and 163 of the paper book, it is stated by Mr.Talekar that the display of final Page 14 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc merit list of Maharashtra State/ All India/ Jammu and Kashmir migrant candidates on website was scheduled on 12th July, 2019. The display of the provisional list for Maharashtra State was 9 th July, 2019. This revised schedule of 4 th July, 2019 cannot be relied upon and the Directorate of Technical Education, Maharashtra State could not have, on its own, notified the status of JBIMS as non-autonomous for the simple reason that this authority had not granted the status. The autonomy was conferred by the University of Mumbai.
17. Mr.Talekar has taken us through the relevant statutes as also the UGC Regulations. He would submit that the autonomy continues and it is not open for the Director to assume that the autonomy has been either withdrawn or revoked or surrendered. There is a detailed procedure prescribed. Once the detailed procedure is prescribed, then, nothing contrary thereto can be said to be in accordance with law. The statutes cannot be rendered redundant in this manner. Mr.Talekar was at pains to submit that the autonomy granted by the University of Mumbai has never been questioned from the year 2014 till date. The power to grant that autonomy has also not been questioned. Neither JBIMS nor the University has ever taken any steps to have that autonomy revoked or cancelled or surrendered. In Page 15 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc these circumstances, the State and the Director cannot take upon themselves the power which is not vesting in them in law. It is in these circumstances he would submit that the autonomous status cannot be given up by this process. That is unknown to law. There cannot be a forced or unilateral surrender. That is why JBIMS has not lost its autonomous status. The eligibility conditions prescribed for obtaining autonomous status are fulfilled. Merely an administrative or ministerial act is required to be performed and that is indeed performed. If the follow-up is delayed does not mean that the State Government can step in, in this manner. Our attention is also invited to the fact that the UGC has now promulgated the regulations. The regulations are on the subject of autonomy. They are elaborate, self contained and complete. Our attention has been invited to page 176 of the paper book by Mr.Talekar. He would submit that the UGC regulations on the subject of grant of autonomous status, vide Regulation No.7 together with its sub-regulations, set out the complete scheme of conferment/ extension of autonomous status. Sub-regulation 7.10 under this head says that till the extension of autonomous status is awarded by the UGC, the college shall continue to avail the autonomous status. The UGC is empowered to consider the interim period while granting extension of autonomous status to the college. By sub-regulation 7.11, it is for the autonomous Page 16 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc college to surrender the autonomous status and it will have to follow due process of forwarding the resolutions of its governing body through the concerned university to UGC for consideration. However, such withdrawal shall take effect only after the last batch of students, then enrolled under autonomy, passes out. Mr.Talekar, therefore, submits that there is no basis for the assumption by the State and the Director. Secondly, the Government has no role at all in the matter of surrender of autonomous status. Once the procedure for that has been prescribed by the regulations, then, according to Mr.Talekar, nothing contrary thereto should be countenanced.
18. Our attention is also invited by Mr.Talekar to page 182 of the paper book, which is the form of application under the Right to Information Act, 2005. Mr.Talekar submits that specific information was sought regarding the autonomous status of JBIMS, Mumbai on 30th June, 2019 and details of the correspondence between University of Mumbai and the Directorate of Technical Education, the University of Mumbai and the Department of Higher and Technical Education, Government of Maharashtra. Further, Mr.Talekar submits that the Directorate of Technical Education and the Department of Higher and Technical Education, Government of Maharashtra was Page 17 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc requested to intimate the position and status regarding extension of autonomous status of JBIMS, Mumbai. Mr.Talekar would submit that on this specific point, information was sought and the information now made available in the form of the compilation tendered by the learned Advocate General would prove that the State and the Directorate of Technical Education have assumed that the autonomy has come to an end. Once it is demonstrated that the autonomy has not come to an end as per the understanding of the State and the Directorate, then, these contentions to the contrary must fall to the ground.
19. Mr.Talekar would submit that in all five websites, the status of JBIMS is shown as autonomous institute and now only the CET Cell website shows that status as non-autonomous institute. It is in these circumstances, Mr.Talekar would submit that the students cannot be informed by such insertion on the website and that too by this Cell that the autonomous status is lost or is no longer subsisting. Mr.Talekar reiterates his argument that the autonomy does not come to an end automatically and particularly because of some fault on the part of the authorities to take action. In that regard, our attention is invited to page 174 of the paper book and to urge that the autonomous status, in terms of the UGC regulations has to be granted to a college and which includes the Page 18 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc institution whether known as such or by any other name. It is submitted that the same would include even the institutions like JBIMS.
20. Mr.Talekar, alternatively and without prejudice, urged that assuming that JBIMS is non-autonomous, even then, the decision taken by the State Government to allow a Home University to take away 70% of the seats in JBIMS is excessive, arbitrary and discriminatory. Mr.Talekar would submit that when there is a CET, common admission process (CAP) and the outcome of the CET is the basis on which the students are admitted to professional courses, then, the Government and the Directorate of Technical Education cannot introduce a criteria which would keep out meritorious students altogether. By prescribing allotment of 70% seats to Home University, namely, University of Mumbai, 11 other universities in the State of Maharashtra are deprived of participation altogether. It may be that the participation is in an institution, which is a department of University of Mumbai, but still, the process of admissions, even for JBIMS, is identical to other institutions. The reputation and position of JBIMS being unique, it being part and parcel of the common admission process, permitting 70% of the students belonging to this university to take away the seats in JBIMS defeats the constitutional mandate Page 19 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc enshrined in Article 14 of the Constitution of India. The JBIMS is located in Mumbai, but together with other institutions, is permitted to admit students from all over the State in postgraduate studies in Management Science. This is a professional course. Merit alone should be the criteria and that is diluted and defeated in this exercise is the complaint of Mr.Talekar. Therefore, he would submit that we must not sustain this decision, but strike it down on the ground that it violates the constitutional mandate. In that regard, our attention has been invited to the stipulation in the "Information Brochure for Admission to Postgraduate Technical Courses" for the academic year 2019-2020. Para 7 of this brochure sets out the allocation of seats for various types of candidates in the Home University, other than Home University and State level. That shall be in accordance with a policy of the Government as specified in Schedule-I for the first year and Schedule-II for direct second year of various postgraduate courses. Mr.Talekar would submit that the extent to which the State has determined this percentage, we must issue a writ declaring that to be excessive and violative of the mandate of equality enshrined in the Constitution of India. Therefore, the writ petition be allowed.
Page 20 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc
21. Mr.Talekar has relied upon the following decisions in support of his contentions:-
i) Dr.Jagadish Saran and Others Vs. Union of India (1980) 2 Supreme Court Cases 768;
ii) Dr.Pradeep Jain and Others Vs. Union of India and Others (1984) 3 Supreme Court Cases 654;
iii) Dr.Kriti Lakhina Vs. State of Karnataka 2018 SCC OnLine SC 324.
22. On the other hand, we had the benefit of the presence and arguments of Mr.Kumbhakoni, the learned Advocate General of the State. On previous occasion as well, when this court was seized of identical issue and where 100% seats in JBIMS were reserved for the State Government students alone, the learned Advocate General had attempted to defend that action. It is for that reason we requested him to remain present and address us. The learned Advocate General has been kind enough to assist us and we are thankful to him. Taking up Mr.Talekar's last argument first, the learned Advocate General would submit that there is no attack launched on the stipulation of allocating 70% of the seats to Home University. There is neither any pleading nor any prayer of that nature. No declaration is sought to strike down the resolution or the stipulation in the information brochure in that regard. Absent this, a constitutional challenge should not be entertained is his argument.
Page 21 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc
23. However, the learned Advocate General was fair enough to submit that he will not sit on technicalities. There is material to justify this decision. Mr.Kumbhakoni would submit that the Home University concept was introduced in 1971. He would submit that this is synonymous with institutional preference. This should be understood as a recognised and acceptable concept and falls within the exceptions to the mandate of Article 14 of the Constitution of India. In that regard, he would rely upon the judgment of the Hon'ble Supreme Court in the case of Saurabh Chaudri and Ors vs. Union of India and Ors. 1. He would submit that the information brochure contains nothing contrary to the mandate of Article 14 of the Constitution of India. That is not issued in breach of the constitutional mandate, but the arguments of Mr.Talekar are founded on the insistence to treat unequals equally. Treating equals unequally is violation of the mandate. Therefore, unequals cannot claim that there is a violation of the constitutional mandate of equality for they have no right of being treated equally or on par with those who are not comparable at all. Then, Mr.Kumbhakoni was at pains to tell us about the status of JBIMS. He would submit that we must not forget that JBIMS is a department of University. The University has appointed the staff and the University has sanctioned the budget of JBIMS. It is 1 (2003) 11 SCC 146 Page 22 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc not an affiliated college, but a college conducted by the University. It is not even a constituent college. Mr.Kumbhakoni would submit that the autonomy in this case is not granted by the UGC, but by the University of Mumbai. He invites our attention to Statute 602 of the University of Mumbai. He would submit that the matter was never referred to the UGC and within the prescribed period. Therefore, the autonomous status has come to an end in accordance with law. Now, JBIMS is non-autonomous and therefore, the decision to allocate 70% seats therein to the students of University of Mumbai is justified. It is neither illegal nor unconstitutional. The writ petition, therefore, has no merit, according to Mr.Kumbhakoni and it must be dismissed.
24. The further fairness on the part of the learned Advocate General is that he would submit that he does not treat this as an adversarial litigation. He does not desire to cause any inconvenience to the students. There is a compilation of correspondence exchanged between the University of Mumbai and the Directorate of Technical Education. According to Mr.Kumbhakoni, the Directorate of Technical Education has brought to the notice of JBIMS that the conferment of autonomy is not by the UGC. Further, the State Government has not been involved in the process and when such is the requirement under Page 23 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc the statutes, then, the decision of the University of Mumbai to grant autonomous status to JBIMS, that too for a limited purpose, does not carry the case of the petitioners any further. So understood, even the correspondence supports his argument is the submission of Mr.Kumbhakoni.
25. In support of his arguments, Mr.Kumbhakoni placed heavy reliance on the following judgments:-
i) Anant Madaan Vs. State of Haryana and Ors. (1995) 2 Supreme Court Cases 135;
ii) Mayuri Umesh Munde Vs. Directorate of Technical Education and Ors. (Writ Petition (L) No.2342 of 2018);
iii) Saurabh Chaudri and Ors. Vs. Union of India and Ors.
(2003) 11 Supreme Court Cases 146.
26. For properly appreciating the rival contentions, we must make a reference to a judgment and order passed by this court regarding the position of JBIMS. In a judgment delivered by this court in the case of Mayuri Umesh Munde vs. Directorate of Technical Education and Ors.2, decided on 27th July, 2018, this court made the following pertinent observations with regard to JBIMS. These observations read as under:-
"20. .....Further more, the justification of the State that the Jamnalal Bajaj Institute is funded by the State Government and that the State incurs huge expenditure from its own funds for running and maintaining very high standards of these Institutions would not justify allocation of 100% seats to the Maharashtra State candidates. The institution which is founded in 1965 is a 2 Writ Petition (L) No. 2342 of 2018 Page 24 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc unique management institution and is one of the oldest management institutions in the country. It has been consistently ranked among the top 10 Business schools in India across numerous "B" School ranking. The Jamnalal Bajaj Institute is known for its Industry synced practical application of knowledge and it aims at promoting and launching various educational research and activities for advancement of management institutions. The said Institution is also well known for its highly professional and qualified faculty members with a brilliant blend of stalwarts from the industry and the academicians. Its alumni consists of the brightness minds of the country varying from various academic backgrounds like Engineering, Commerce, Chartered Accountancy etc. It is an Institute renowned for being nurturing ground for today's top business leaders. The institution of such a stature is being deprived of the meritorious all India students who can be shaped by the said institution in the form of the future generation Managers. The institution happens to be situated in the State of Maharashtra does not lose its national identity and status. Merely because it is situated in the State of Maharashtra and funded by the State of Maharashtra, does not further reduce it to a State Institution. JBIMS would create future technicians, scientists, Economists, Engineers who would further the economic advancement of the country. It is being deprived of bright meritorious students from all over the country as the entry of these students has been completely shunned by reserving the seat only for the State candidates. The candidates like the petitioner who has a high All India Ranking and deserves a seat in the said prestigious institution has been only kept out of the said process because of the amended Schedule-I by which 100% seats in JBIMS have been reserved for the State candidates and thereby aspirants like the petitioner who has excelled in All India Entrance examination have been kept away from entering in the said prestigious institution. This according to us is a great national loss and demeaning the status of an institution of national stature."
27. These observations have been made in the context of a decision of the State Government, which reserved 100% of the Page 25 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc seats in the JBIMS for the local or Maharashtra State students, which was struck down. This court did not quash the entire process because three rounds were concluded. If that decision had been taken, the whole process would have to be redone and from inception. That is why the admissions already made were not disturbed. However, we only need to emphasise that this is not for the first time that the State Government has sought to interfere with the process of admission to the courses and particularly the postgraduate degree courses in Management Sciences conducted by JBIMS. That the JBIMS was chosen is apparent from its unique position. The JBIMS is blessed with the presence of the eminent luminaries in the field of technology and management. Their participation has enhanced its reputation.
28. The learned Advocate General has indeed been fair in handing over copies of the letters and compiled them for our convenience for it reveals how the Directorate of Technical Education, Maharashtra State has proceeded in the matter. At this stage, it is pertinent to note that it is undisputed that the autonomy granted to JBIMS from 2014-2015 for five years has not been questioned. However, when JBIMS corresponded with the Directorate of Technical Education by addressing a communication dated 25th November, 2016, by referring thereto, Page 26 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc on 19th January, 2019, this Directorate informs JBIMS about the autonomous status granted to it by the University of Mumbai. That, according to JBIMS, postulates that in the central admission process, the participation of JBIMS for admissions to MBA/ MMS courses, which are postgraduate courses, would be bearing in mind this autonomous status. That is how the seat allocation was made. However, the UGC, New Delhi, on its website, published the list of autonomous institutions/ colleges and that list does not contain the name of JBIMS. The JBIMS was called upon to provide information and particularly on the point as to whether UGC has granted it autonomous status and the papers and documents in relation thereto should be forwarded to this Directorate so that appropriate decision can be taken for the academic session 2019-2020. This letter contains a warning that if these documents and papers are not forwarded, the Directorate will proceed on the footing that the autonomous status no longer subsists and JBIMS would be treated as non-autonomous institute. A request is made to please note this position. The extract from the website contains several institutions and affiliated to University of Mumbai as autonomous colleges. What is pertinent to note is that on 18 th February, 2019, JBIMS informed the in-charge of Admission Regulatory Authority, CET Cell, Maharashtra State that JBIMS is an autonomous Page 27 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc department of University of Mumbai. As decided in the meeting of the Board of Management, held on 15 th February, 2019, JBIMS is proceeding with the admissions to MMS course for the academic year 2019-2020. The procedure that it would follow was annexed for information of the CET Cell. To the similar effect is a letter addressed to the Directorate of Technical Education, Maharashtra State and the Regional Officer and Deputy Director, Western Regional Office, Mumbai. However, on 28 th February, 2019, the CET Cell has informed the Director of JBIMS that now there is a law of the competent legislature, namely, the State, in the field. In these circumstances, every institution would have to abide by this law. The admission process, therefore, will be governed by this law in the field. We would make a reference to this law a little later.
29. Be that as it may, if JBIMS was not allowed to go out of the common admission process by this CET Cell, then, the matter will have to be considered on the premise that JBIMS is part and parcel of this common admission process and admissions to its postgraduate courses would have to be granted by strict adherence to this common admission system of the State. Then, the JBIMS forwarded, on 20th June, 2019, a copy of the letter of autonomy conferred by the University of Mumbai. That letter was Page 28 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc forwarded to the Director of Technical Education. A copy of this letter is available in the compilation handed over by Mr.Kumbhakoni at page 11. It makes an interesting reading. We reproduce it for ready reference:-
University of Mumbai To The Director, Jamnalal Bajaj Institute of Management Studies, 164, Backbay Reclamation, Churchgate-
Mumbai - 400 020 Sub :- Conferment of Autonomous Status Ref :- 1) Your letter No.JBMIS/Autonomy/1601 dated 7th October, 2013
2) Academic Council Resolution-7.5 dated 7th June, 2014
3) Management Council Resolution -24 dated 7th July, 2014 Madam, In response to your application No.JBMIS/Autonomy/ 1601 dated 7th October, 2013 in connecting with seeking autonomous status to Jamnalal Bajaj Institute of Management Studies. It is to inform you that the Academic Council vide its item No.7.5 dated 7th June, 2014 had considered accepted your request and recommended to the Management Council to grant Jamnalal Bajaj Institute of Management Studies an autonomous status. Management Council vide its item No.24 dated 7th July, 2014 had resolved to confer an autonomous status to the Jamnalal Bajaj Institute of Management Studies.
Apropos to above, I am very happy to convey that the Jamnalal Bajaj Institute of Management Studies has been awarded an autonomous status for a period of 5 years from academic years 2014-15 to 2018-19.
Page 29 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc It may please be noted that the Jamnalal Bajaj Institute of Management Studies would enjoy the autonomous status as per the Statutes No.593 to 642 of the University of Mumbai in this behalf.
Congratulations and wishing you every success.
Yours faithfully, Sd/-
Registrar (University of Mumbai )
30. The Directorate of Technical Education, on 28 th June, 2019 addressed a letter to the Secretary, Higher and Technical Education Department, Government of Maharashtra complaining that though the UGC website does not disclose that JBIMS is an autonomous institution, the institute is not co-operating and responding to the letters of the Directorate of Technical Education. Apart from that, what it has done is to forward a copy of the letter of the University of Mumbai dated 11 th July, 2014 granting autonomy to JBIMS and copies of the statutes in that regard. The attention of the Secretary was invited by the Director to Statute Nos. 602 and 603. That would mean, if the autonomy is granted by the University, then, a recommendation in that behalf, made by the University, has been forwarded to the Government, and the Government has to approve it and thereafter, the proposal has to be forwarded to the UGC. It is only when the UGC grants this autonomous status that the autonomy can be said to be legal and valid. There is no information provided Page 30 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc by the Director in this regard and therefore, even the UGC does not refer to JBIMS as an autonomous institute. There are no details forwarded with regard to the autonomous status of this institute.
31. The letter further says that the University of Mumbai's communication of 11th July, 2014 itself states that the autonomy will cease by the end of academic year 2019. Once that is the position, then, rightly the UGC has not included the name of JBIMS in the list published by it on its website on 30th April, 2019.
32. The Director informs the State Government that its understanding is that the admission process for the academic year 2019-2020, particularly the admissions to the postgraduate courses in Management Sciences in JBIMS, cannot proceed by treating the JBIMS as autonomous institute. Now, for the academic year 2019-2020, the admissions to JBIMS will have to abide by the central admission process and the allocation of seats will be made by treating it as non-autonomous. For this purpose, he sought guidance from the Government and requested the Secretary to issue appropriate orders in that behalf. There is a reply given to this letter on 1 st July, 2019 and which reply says that the decision as to how to operate the common admission process is contained in the Government's decision dated 25 th Page 31 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc April, 2017. There is some modification made on 4th June, 2019 and the rules have been amended to certain extent. Now, according to the rules as far as the State quota is concerned, there are 85% seats in all the autonomous Government/ Government aided/ university department institutions. As far as non- autonomous university departments are concerned, the seats therein are reserved for Home University to the extent of 70%. This is determined as a quota. It would, therefore, be appropriate to refer to this percentage not as reservation, but a quota carved out for Home University students. This is, therefore, an allocation of seats. The Government of Maharashtra, therefore, informed the Director that because there is no information provided by the JBIMS about its autonomous status for the academic year 2019- 2020, admissions to its postgraduate courses should be made by treating it as a non-autonomous institute and the quota of seats or allocation be made accordingly.
33. On 9th July, 2019, JBIMS informs the Director of Technical Education, on the subject noted above, in the following terms:-
JBIMS/Autonomy/2019/1436 9th July 2019 To, The Director, Technical Education, Government of Maharashtra, Dhobi Talao, Mumbai Page 32 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc Subject : Autonomy of JBIMS Dear Sir, As informed in the past Jamnalal Bajaj Institute of Management Studies is a Department of University of Mumbai. The University itself is an autonomous body and can grant autonomy to its Departments.
JBIMS was granted autonomy in 2014 till July 2019. We have applied to the University of Mumbai for the extension of Autonomy. The Honourable Vice Chancellor has permitted us to apply and get the process of extension of autonomy started.
We expect to get extension of autonomy for JBIMS in due course of time from University of Mumbai.
With best regards, Sd/-
Kavita Laghate Director"
34. Thus, JBIMS reported that it is a department of University of Mumbai. The University itself is an autonomous body and can grant autonomy to its departments. JBIMS was granted autonomy in 2014 till July, 2019 and JBIMS has applied to the University of Mumbai for extension of autonomy. The Hon'ble Vice Chancellor has permitted JBIMS to apply and get the process of extension of autonomy commenced. JBIMS, therefore, expects the extension of autonomy in due course of time from the University of Mumbai.
35. Our attention is also invited to the Government Resolution issued on 4th June, 2019 by the Department of Higher and Page 33 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc Technical Education. That is on the subject of the CET and central admission process. These are the revised terms and conditions, on the basis of which, this exercise has to be carried out.
36. Pertinently, absent in this whole set of documents is any response from the University of Mumbai. Further pertinently, it has not controverted the stand of the JBIMS nor has it ever conceded to the position in law as understood by the Directorate of Technical Education and the Government of Maharashtra. The University of Mumbai has not informed either the State Government or the Director of Technical Education or JBIMS that it is no longer entrusted with the duty to consider extension of the autonomous status granted to JBIMS or that it has lost its authority, power and jurisdiction in that regard. We have, therefore, a situation where the University of Mumbai does not say that the status or the autonomy granted to JBIMS cannot be extended or that it has come to an end automatically. This is a clear case where the University has been kept out of this whole process by the Directorate of Technical Education and the Government of Maharashtra. Both have taken over the task of interpreting the legal provisions and deciding with the status of JBIMS by excluding the University of Mumbai. It is very clear that in the above case, the University of Mumbai has a prominent Page 34 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc role to play. It is conceded before us that it has granted autonomy to JBIMS. That it is a department of Mumbai University and that the Mumbai University is empowered by its own statutes to grant this autonomy. The factum that this autonomy continued for good five years and it has never been questioned by anybody, including the Directorate of Technical Education and the State Government denotes that till the current academic year, the State Government and the Directorate accepted the stand of JBIMS as also the University of Mumbai. Therefore, it is necessary for us to refer to the statutes in that regard.
37. The University of Mumbai has framed statutes. Earlier, the statutes were framed in terms of the power conferred by the Maharashtra Universities Act, 1994, which stands substituted by the Maharashtra Public University Act, 2016. A reference to both the statutes is necessary. The Maharashtra Universities Act, 1994, which is modified up to 31st December, 2016, contains elaborate provisions. It also contains the definition of the term "autonomy". Section 2(5) of the Maharashtra Universities Act, 1994 defines the term "autonomy" as under:-
"2(5) "autonomy" means a privilege of the university conferred by the statutes to permit a college, institution or a university department to conduct academic programmes and examinations, develop syllabus for the respective subjects and issue certificates of passing the examinations, etc. A college, institution or an university department which has been granted autonomy shall have full academic administrative and financial Page 35 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc autonomy subject to the provisions of the Act and Statutes."
38. A bare perusal of the same denotes that it is a privilege of the university conferred by the statutes to permit a college, institution or a university department to conduct academic programmes and examinations, develop syllabus for the respective subjects and issue certificates of passing the examinations etc. A college, institution or a university department which has been granted autonomy shall have full academic, administrative and financial autonomy subject to the provisions of the Act and Statutes. The term "autonomous college", "autonomous institution" or "autonomous department"
means a college, institution or department to which autonomy is granted and is designated to be so by the statutes. Further, the term "department" is defined to mean a department teaching a particular subject or a group of subjects in a college as prescribed in the statutes. The term "college" is defined to mean a college conducted by the university, or affiliated to the university, situated in the university area. The "Director of Higher Education" is defined in section 2(14) and section 2(15) defines the term "higher education" to mean the pursuit of knowledge beyond learning at the stage of school education. Then, we have definition of the term "management". The term "post-graduate Page 36 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc department" is defined in section 2(23) to mean a department in a college or institution of higher learning, research or specialised studies, recognised to be so by the university and imparting post-
graduate instruction or guidance for research. There is absolutely no quarrel or dispute raised before us that this definition is crucial, in the sense, postgraduate course is a course of higher learning, research or specialised studies and recognised to be so by the university and imparting postgraduate instructions or guidance for research. Statutes are defined to mean statutes, ordinances and regulations of the University made by or under this Act.
39. The Act is divided into several Chapters. The first Chapter is titled as "Preliminary". Chapter II is titled as "Universities". That contains sections 4 to 8 and section 9 onward are in Chapter III titled as "Officers of the University". Chapter IV is titled as "Authorities of the University" and thereafter, the Management Council with its functions and Academic Council with its functions, powers and duties are mentioned and set out. We have noted that these powers, inter alia, are making recommendations for grant of autonomous status and based on the process set out in the statutes eventually, the autonomous status is granted. It is, therefore, a conceded position that there is a power to grant autonomy conferred by the act of a competent legislature. Page 37 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc
40. We must now note the provisions of the Maharashtra Public Universities Act, 2016 (Mharashtra Act No.VI of 2017). This Act is referred by us extensively only to emphasise this is a successor legislation. We reproduce, for ready reference, the definitions of the terms "autonomy", "autonomous college", "department", "higher education", "institution", "management", "post-graduate department" and "university department", as appearing in this enactment, as under:-
"2(5) "autonomy" means a privilege of the university conferred by the Statutes to permit a college, institution or a university department to conduct academic programmes and examinations, develop syllabus for the respective subjects and issue certificates of passing the examinations.
2(6) "autonomous college", "autonomous institution" or "autonomous department" means a college, institution or department to which autonomy is granted and is designated to be so by the Statutes.
2(24) "department" means a department teaching a particular subject or a group of subjects in a college or an institution as prescribed in the Statutes.
2(32) "higher education" means the pursuit of knowledge beyond learning at the stage of higher secondary school education.
2(34) "institution" means an academic institution of higher learning, not being a college, associated with and admitted to the privileges of the university.
2(37) "management" means the trustees or the managing or governing body, by whatever name called, of any trust registered under the Maharashtra Public Trusts Act, or any society registered under the Societies Registration Act, 1860 or a Company registered under section 8 of the Companies Act, 2013, under the management of which one or more colleges or Page 38 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc recognized institutions or other institutions of higher learning, are conducted and admitted to the privileges of the university:
Provided that, in relation to any college or institution established or maintained by the central Government or the State Government or a local authority like a Zilla Parishad, Municipal Council or Municipal Corporation, it means, respectively, the Central Government or the State Government or Zilla Parishad or the Municipal Council or the Municipal Corporation, as the case may be.
2(42) "post-graduate department" means a department in a college or institution of higher learning, research or specialized studies, recognized to be so by the university and imparting post-graduate instruction or guidance for research.
2(65) "university department" means a department established and maintained by the university as prescribed by the Statutes."
41. Then we come to certain provisions of the 2016 law and particularly section 31. That has a heading "Powers and duties of Management Council". That power is inter alia to make such provisions as may enable colleges and institutions to undertake specialised studies and courses and where necessary or desirable, organise and make provision for common laboratories, libraries, museums and equipment for teaching and research, to establish departments, colleges, schools, centres, institutions of higher learning, research and specialised studies on the recommendation of the Academic Council. Section 31(zb) empowers the Management Council to confer autonomous status on university departments, university institutions, affiliated Page 39 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc colleges and recognised institutions on the recommendation of the Academic council, as per the statutes.
42. Concededly, therefore, the learned Advocate General never argued that the University of Mumbai has no power to confer autonomous status. He was fair enough to handover to us the compilation containing the letters exchanged. These are exchanged by none other than the officers in the Department of Higher and Technical Education of Government of Maharashtra, including its Director in the Directorate of Technical Education. These persons can hardly call themselves as experts in the legal field. They have no experience, much less expertise. Their attempt to interpret the legal status or question the autonomy granted by the University of Mumbai to JBIMS is to say the least deplorable. We do not know why no guidance was ever sought on this subject or issue by the Directorate and by the Department of Higher and Technical Education from the Law and Judiciary Department of the Government of Maharashtra. This Director could have very well ascertained the legal position and come to a conclusion either way. We do not think that it was proper on the part of the Director of Technical Education as also the Department of Higher and Technical Education, Government of Maharashtra to question the autonomous status of JBIMS and that too in the year 2019. That status continued for five years. Page 40 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc Neither any aggrieved party questioned it nor such was the understanding of the JBIMS. The above authorities of the State Government are totally oblivious of the statutory scheme. They do not have even the elementary knowledge of how to read and interpret laws. They are ignorant about the University Act, Statutes. They seem to be naive enough not to realise that the Government cannot take over academic functions or duties in this manner.
43. We expect the Director and the Secretaries in the Department of Higher and Technical Education to allow the universities to function independently and autonomously in the true sense of the term. There must be minimal interference in the functioning and working of institutions like JBIMS as well. It is not at the mercy of the Government or at the University, even if it is a department of the University of Mumbai. The JBIMS has reached the heights by dint of hardwork of its staff and faculty. It is because of sincere, genuine efforts of its personnel that JBIMS has reached in establishing itself in the State and at the national and international level. It must be allowed to function freely and without undue interference from any quarters. That alone will preserve its prestige. We do not think that the State should go on tinkering with the status of JBIMS.
Page 41 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc
44. We have also seen that in the scheme of the Maharashtra Public University Act, 2016, there are specific powers conferred in the Academic Council. This Academic Council, by section 33(r) is empowered to recommend to the Management council conferment of autonomous status on institutions, departments, affiliated or conducted colleges and recognised institutions in accordance with the provisions of the statutes. The Chapter contained in the Maharashtra Public University Act, 2016, namely, Chapter V, is titled as "The Statutes, Ordinances and Regulations". Section 71 opens with the words "subject to the provisions of this Act, the statutes may provide for all or any of the matters, namely, establishment and maintenance of the sub- campuses university departments, institutions, conducted colleges, institutions of higher learning, research or specialised studies and hostels. The statutes may provide for norms for grant of autonomy to university departments or institutions, affiliated colleges and recognised institutions, subject to the approval of the State Government. Now, we can also refer and usefully in this regard to Chapter VIII titled as "Admissions, Examinations, Evaluation and Other Matters Relating to Students". The admissions are governed by section 86. That section reads as under:-
Page 42 of 81
J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc "86. Subject to the reservation policy of the State Government for the weaker sections of the society, admissions to all courses in the university departments, affiliated colleges and recognized institutions shall be made on the basis of competitive merit in accordance with the rules, if any, made by the State Government and published in the Official Gazette, or Ordinances made by the university:
Provided that, where model rules have been framed by the State Government in the interest of students throughout the State, the university shall adopt the same and such rules shall be published by the university before the commencement of the academic session:
Provided further that, having regard to the maintenance of discipline, the authority concerned shall have the power to refuse admission to a student, except at the entry point of any academic prograrmme."
45. A bare reading of the same would indicate that subject to the reservation policy of the State Government for the weaker sections of the society, admissions to all courses in the university departments, affiliated colleges and recognized institutions shall be made on the basis of competitive merit in accordance with the rules, if any, made by the State Government and published in the Official Gazette, or Ordinances made by the university. The other provision which is relevant for our purpose is the provision by which the Maharashtra Public University Act, 2016 repeals the provisions of law on the subject, but prior thereto, we must refer to section 122. That has an important bearing on the controversy raised before us. That reads as under:-
"122. (1) A university department or institution, affiliated college or recognized institution may apply to the university for grant of autonomous status. The Page 43 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc Management council on the recommendation of the Academic Council may confer the autonomous status.
(2) Autonomous university department or institution or affiliated college or recognized institution shall function with the objectives of promoting academic freedom and scholarship on the part of teachers and students which are essential to the fostering and development of an intellectual climate conducive to the pursuit of scholarship and excellence.
(3) The autonomous university department or institution or affiliated college or recognized institution, may constitute its authorities or bodies and exercise the powers and perform the functions and carry out the administrative, academic and other activities of the university, as may be prescribed by the Statutes.
(4) The autonomous university department or institution or affiliated college or recognized institution may prescribe its own courses of study, evolve its own teaching methods and hold examinations and tests for students receiving instruction in it, and recommend the university for award degrees, diplomas or certificates, after following the procedure as prescribed in the Statutes. The autonomous university department or institution or affiliated college or recognized institution shall have full academic and administrative autonomy subject to the provisions of this Act and Statutes and the guidelines issued by the University Grant Commission, from time to time."
46. A bare perusal of section 122 leaves us in no manner of doubt that a university department or institution, affiliated college or recognised institution may apply to the university for grant of autonomous status. The Management Council, on the recommendation of the Academic Council, may confer the autonomous status. Autonomous university department or institution or affiliated college or recognized institution shall function with the objectives of promoting academic freedom and Page 44 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc scholarship on the part of teachers and students which are essential to the fostering and development of an intellectual climate conducive to the pursuit of scholarship and excellence. The autonomous university department or institution or affiliated college or recognized institution, may constitute its authorities or bodies and exercise the powers and perform the functions and carry out the administrative, academic and other activities of the university, as may be prescribed by the Statutes. The autonomous university department or institution or affiliated college or recognized institution may prescribe its own courses of study, evolve its own teaching methods and hold examinations and tests for students receiving instruction in it, and recommend the university for award degrees, diplomas or certificates, after following the procedure as prescribed in the Statutes. The autonomous university department or institution or affiliated college or recognized institution shall have full academic and administrative autonomy subject to the provisions of this Act and Statutes and the guidelines issued by the University Grants Commission, from time to time.
47. When we say that the understanding of the Directorate of Technical Education or the Department of Higher and Technical Education, Government of Maharashtra on the status of JBIMS or Page 45 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc the legal position is poor, we have in mind section 122 of this Act. Possibly, everybody is unaware of the existence of this Section in the statute. This is a law made by the Maharashtra State Legislative Assembly. Neither are its provisions ever challenged nor are they questioned, particularly on the point of a autonomy contemplated by this law. To now say that the University Department or institution cannot apply to the university for grant of autonomous status or to extend or continue that status is, therefore, exhibiting total ignorance of the legal provisions. The least that we expect from the Director of Technical Education or the Secretary in the Department of Higher and Technical Education is a knowledge of the existence of such a statute or law in the field. Unmindful of these provisions and the legislation itself, the correspondence has been carried out. Though by section 147 of the Maharashtra Public University Act, 2016, on and from the date of commencement of this law, the Maharashtra Universities Act, 1994 stood repealed, still, by sub-section (2) of this provision, a saving clause or provision is enacted. If autonomy is a privilege, then, all other educational institutions which were entitled to any privilege of the university shall be entitled to similar privileges of that university notwithstanding the repeal of the said Act. Further, all statutes and ordinances made under the Maharashtra Universities Act, 1994, even after Page 46 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc its repeal, would continue insofar as they are not inconsistent with the provisions of this Act. They shall continue to be in force and were deemed to have been made under this law.
48. The Maharashtra Public University Act, 2016 has come into force on 11th January, 2017. The Maharashtra Government Gazette of that date has been referred by us in this regard. Therefore, all the statutes and ordinances to which attention of this court has been invited by the petitioners' counsel are not automatically obliterated. If one goes and follows the legal provisions contained in the Maharashtra Public University Act, 2016, now we find a better and proper regime. There are substantive provisions like section 122 in the field. If any guidance is required, they are enough to guide all concerned.
49. In this regard, if we make a reference to the statutes, which have been brought to our notice by both, the petitioners' counsel Mr.Talekar as also the learned Advocate General, what we have noticed therefrom is now summarised in the following paragraphs.
50. The statutes on the subject have been compiled and we may usefully refer to the Statutes regarding Autonomous College/ Recognised Institution/ University Department/ University Page 47 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc Institution. Statute 593 sets out the whole purpose and object of autonomy. Autonomous college shall have freedom to prescribe rules of admission subject to the Government norms. That its freedom has been kept intact is reinforced by what we have noticed in section 122 of the Maharashtra Public University Act, 2016. The autonomy is granted to subserve larger public interest. There are two concepts and distinctly understood. One is to be free and another is of being independent. The latter is understood as not dependent on authority or control. Equally for its validity, efficiency, value etc. it is not dependent upon something else. Self-governance is its hallmark. The whole objective is to achieve excellence. Merit alone would be ensuring this excellence. If we are marching towards excellence, then, every endeavor should be made to ensure that individual persons take the nation to greater height. Universities and colleges and affiliated institutions or departments play a prominent role in shaping the nation. It may be that the process of admissions should be regulated or controlled by the State Government and for autonomy, approval of the State Government is required. However, the autonomy is not granted by the State Government. That is granted by the university even to these institutions so as to achieve fairness. There should be a guarantee of equality. That has to be preserved at all costs. However, that does not give a licence to the Page 48 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc authorities to interfere with the autonomous status of JBIMS. The Department of the Government would be well advised not to question the decision of the university in academic matters and particularly in matters of higher learning and research particularly, when it decides to grant autonomy even to its Department.
51. It is true that the statutes very clearly say that the autonomous colleges/ recognised institutions/ university departments shall be fully accountable for the content and quality of education that it imparts and shall be responsible for evaluation of the students for awards of degree, diploma and certificates which will be accepted by the parent university. The autonomous status may be conferred on the college/ recognised institution/ university department/ university institution which has a standing of more than ten years and which is permanently affiliated or recoginsed and satisfies other norms and conditions of autonomy prescribed by the UGC and university from time to time. Statute 597 empowers the Academic Council, for consideration of the recommendations of the Board of College and University Department, to constitute the Local Inquiry Committee and the Local Inquiry Committee shall consider the recommendations of the Board of College and University Page 49 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc Department and shall visit the college/ recognised institution/ university department/ university institution. It examines the application for grant of autonomous status. The committee has to make a report, but by following Statute 598. Then, by Statute 599, the report of the Local Inquiry Committee shall be placed before the Academic Council for its consideration. After careful consideration of the report, the Academic Council shall recommend the same to the Management Council. Together these recommendations are placed before the Management Council and it acts in terms of Statute 600. Once we understand the scheme of Statute 600 in the context of what we have observed above, then, it should be construed to mean that while it is scrutinising the report, it must then take a decision and in its decision, it must record whether autonomous status be conferred or whether the application in that behalf be rejected. If the Management Council take into consideration the credibility that the college has gained in the eyes of the general public and the fact that the college has a potential, then, it may resolve to confer the autonomous status. Even in case where the Management Council resolves not to confer the autonomous status on the college, it should record the reasons therefor. The public has an important stake and to forget that stake will be at everybody's peril. There is very heavy responsibility on the Management Council. It cannot ignore or Page 50 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc lightly grant any status and we do not think that it acts in this manner. If the Academic Council or the Management Council decides to reject the application, the Registrar shall inform the applicant about the same giving the reasons therefor. The applicant, whose application is rejected, may apply to the Registrar of the University for reconsideration. The Registrar shall place the application before the Management council. After careful consideration of the application, the Management Council shall refer the same to the Academic Council for its reconsideration. The Academic council, taking into consideration the reasoning provided by the aggrieved applicant, may appoint a sub-committee to study the proposal for reconsideration. The report of the sub-committee shall be placed before the Academic Council for its consideration. After careful consideration of the report, the Academic Council shall recommend accordingly to the Management Council. The Management Council shall consider the application, the report of the sub-committee, the recommendations of the Academic Council and record its decision with reasons therefor. If the Academic council or the Management Council decide to reject the application or on reconsideration decides to confer the autonomous status, the decision shall be submitted along with all relevant papers to the Chancellor for approval. If the Government or the UGC does not Page 51 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc concur with the proposal of autonomy, the Registrar shall communicate the decision to the applicant college/ recognised institute/ university department/ university institution. Once the application is rejected, the University shall not entertain fresh application of the said college before the expiry of three years from the date of rejection of such application. The Registrar shall send the proposal with the application, report of the committee and recommendations of the Academic Council and the Management Council to the Government. After getting the recommendation of the Government, the University shall submit the proposal to the UGC for its concurrence. While sending the proposal to the UGC, University shall submit all the relevant documents such as recommendations of the Academic Council, Management council and the copy of the letter issued by the Government giving its recommendations. On receipt of concurrence of the UGC, the Registrar shall notify and communicate the decision of the conferment of the autonomous status to the college/ recognised institution/ university department/ university institution. The autonomous status shall be conferred from the date of the University Notification, preferably from the beginning of the academic year. Statute 604 empowers the University to grant this status, in accordance with the earlier statutes, initially for a period of five years at a time. Page 52 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc Now, the word "initially" is important by its presence. The University is empowered to grant autonomy and by the very statute 604, it is empowered to extend it for a further period of five years subject to the procedure prescribed in statutes 598 and 600, mutatis-mutandis for such extension. It is, therefore, obvious that the statutes, while allowing the university to grant this autonomous status, equally authorises it to continue it and while continuing it, the university is obliged to follow the statutes in their true letter and spirit.
52. We are not called upon to decide whether these statutes are in accordance with the saving provisions enacted in section 147 of the Maharashtra Public Universities Act, 2016. That larger issue or wider question can be decided in an appropriate case. That issue is not required to be decided and particularly on the basis of very sketchy material that is made available to us. In the letters that have been referred by the learned Advocate General, we do not think that the Directorate of Technical Education was well advised in questioning this legal position by communicating that on the UGC website, the name of the JBIMS is not mentioned as an autonomous institution. Pertinently, the University has granted autonomy to the JBIMS and when that status was granted to the JBIMS, the Department of Higher and Technical Page 53 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc Education has not sought any clarification from the University of Mumbai with regard to compliance with the statutes. In fact, the University's communication of 11th July, 2014 makes a specific reference to JBIMS's application. That whether the statutes have been followed or that the university has forwarded the proposal to UGC or not, is a feeble attempt to question the autonomy and that too on the eve of the current admission process, is also apparent to us. By statute 636, the University has power of revocation of the autonomous status. Statute 636 reads as under:-
"S.636. 1. The Academic Council, on the basis of the reports of the Review Committee(s) and of the Evaluation Committees and of the compliance thereof may decide to extend or revoke the autonomous status conferred on the College/ Recognised Institution/ University Department/ University Institution and recommend to the Management Council.
2. If the Academic Council decides to revoke the Autonomous status, then the Autonomous college/ Recognised Institution/ University Department/ University Institution shall be given sufficient and proper opportunity to submit its say before the University authorities.
3. The revocation of the autonomy conferred on the Autonomous College shall be in phases. The students admitted prior to the revocation of autonomous status shall continue to be treated as students of Autonomous College who shall be given reasonable period to complete their respective courses to which they are admitted.
4. On receipt of the concurrence of the Govt. and of the University Grants Commission, the Registrar shall send the proposal to the Chancellor for his approval to revoke the autonomous status.Page 54 of 81
J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc
5. On receipt of the approval of the Chancellor, Registrar shall communicate to the Autonomous College/ Recognised Institution/ University Department/ University Institution and the autonomy thereof shall be revoked, as stated in the following clauses by stages.
6. The revocation of the autonomy conferred on the Autonomous College/ Recognised Institution/ University Department/ University Institution shall be in phases. The students admitted prior to the revocation of autonomous status shall continue to be treated as students of Autonomous College/ Recognised Institution/ University Department/ University Institution who shall be given reasonable period to complete their respective courses to which they are admitted."
53. In case the autonomous college/ recognised institution/ university department/ university institution desires to surrender the autonomous status, it has to follow Statute 637 and Statute 638 says that even after the status is revoked or surrendered, it will resume the status of affiliated/ conducted college/ recognised institution/ university department/ university institution, as the case may be, prior to grant of autonomous status and subject to the conditions as may be prescribed by the competent authorities. The Academic Council/ Management Council/ Government/ UGC, Chancellor may also consider whether such college/ recognised institution/ university department/ university institution shall continue to be admitted to the privileges of the university. Thus, autonomy is a privilege and can be conferred by the University of Mumbai, can be revoked Page 55 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc by it or can be surrendered to it, is, therefore, clear from a reading of these provisions.
54. We had to make an elaborate reference to the above provisions simply because we had to demonstrate as to how the understanding of the law by the Government as also by the Directorate of Technical Education is legally fallacious and flawed. Once we clear this ground, then, it is obvious that the autonomous status as understood by the Government and assumed to have ended on 11th July, 2019 is also unsustainable. It has not come to an end after the period of five years for that status can be extended and continued. There is no surrender of that status by JBIMS. On what basis, therefore, the State Government has proceeded is not clear to us at all. Apart from the correspondence carried out, there is nothing which would enable us to hold that the autonomous status has come to an end automatically simply because it is not extended. In fact, we are informed and equally from this compilation that the process is of extension underway. That there is request of the JBIMS to extend the status and that application has already been made to the University of Mumbai, the Vice Chancellor of University has permitted JBIMS to apply and get the process commenced and the result of that would be communicated by JBIMS to the Directorate itself denotes that Page 56 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc this status is not surrendered by the JBIMS nor has it taken any decision not to seek an extension of that status. The silence of the University in all this is very pertinent as well.
55. We have, therefore, strictly gone by the Maharashtra Universities Act, 1994 and the Maharashtra Public University Act, 2016. It is very clear from the preamble of the later Act that the later Act has been passed to provide for academic autonomy to non-agricultural and non-medical universities in the State of Maharashtra and to make better provisions therefor. At least four renowned experts and academicians had recommended to the Government that in higher education and learning, measures have to be taken expeditiously to ensure such autonomy. The academic autonomy, therefore, is a moving force and that was the basis on which the law was to be made. That would ensure excellence, adequate representation through democratic process, transformation, strengthening and regulating higher education. That would also be conducive to regulate non-agricultural and non-medical universities in the State of Maharashtra in more effective manner. Therefore, the legislation was brought into effect.
56. Once we have understood the matter in this backdrop and have found that the State Government and the Directorate could Page 57 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc never have proceeded on the premise that the academic autonomy has automatically come to an end on 11 th July, 2019, unmindful of the steps taken till that date and brought to its notice by the communication of 9th July, 2019 of JBIMS to the University of Mumbai, then, the entire edifice must fall. The presumption that JBIMS is non-autonomous institute cannot be sustained. Once we do not sustain the same and the admissions to JBIMS could not have been made as if it is a non-autonomous institute, then, the quota carved out for Home University, namely, the University of Mumbai cannot be sustained. It is also clear that the State Government did not initially proceed on these lines. It understood "Autonomy" to mean acting independently. It means governing oneself freely.
57. There is substance in the contentions of the petitioners when they state before us that the brochure which was published in this case informing the details of the admission process, copy of which is at page 56 of the paper book, that was relying on Exhibit 'B' at page 54 of the Press Note of 9 th July, 2014 of the University of Mumbai. The said Press Note refers to two institutes, namely, JBIMS and Wellingkar Institute of Management. The JBIMS is stated to be an institute in the process of grant of autonomy. On 9th July, 2014, obviously, this autonomy was not granted, but was Page 58 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc contemplated. The JBIMS placed a proposal which was accepted by the Academic Council on 7th June, 2014 and subsequently accepted by the Management Council in July, 2014. Same was the position with regard to Welingkar Institute of Management. On 11th July, 2014, however, JBIMS was granted autonomy for five years. The State CET Cell as well, therefore, when it issued the brochure, sets out the full activities and scheduled dates. It says that online registration first date is 10 th January, 2019 and the last date is 15th February, 2019. The hall tickets would be issued on 1st March, 2019 onwards. The date of online Maharashtra MBA/MMS CET, 2019 is 9th March, 2019 and 10th March, 2019. The date of declaration of the results is 31st March, 2019. On the date when this brochure was issued, admittedly, the autonomous status of JBIMS of five years was in force. Then, at Exhibit 'D' page 79 is the Master in Human Resources Development Two Years Full Time Programme at JBIMS, University of Mumbai, May, 2019 Information Brochure issued by JBIMS. In that, the details are set out and pertaining to the courses. What we have thereafter before us is the information brochure and which has been issued by the State CET Cell, Maharashtra State, dated 29 th June, 2019. That is an admission notice for MBA/MMS for academic year 2019-2020. That there is online registration of applications and uploading of required documents by the Page 59 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc candidates on website will commence on 30th June, 2019 and last date is 4th July, 2019 up to 11.59 p.m. Documents verification and confirmation of application form for admission will commence on 30th June, 2019 and will continue till 5th July, 2019 up to 5.00 p.m. The applications registered after 4th July, 2019 shall be considered only for non CAP seats. That means common admission process will not be available to such applicants and they cannot resort to the same. Thereafter, the display of provisional merit list for Maharashtra State/ All India/ Jammu and Kashmir migrant candidates on website will be on 6 th July, 2019 and submission of grievance, if any, for all type of candidates, can be done from 7th July, 2019 to 8th July, 2019 and the final merit list was to be displayed on 9th July, 2019. Then, the rounds would commence and they were to go on up to 5 th August, 2019. There are three rounds and the academic session would commence on 1st August, 2019. However, the cut-off date for all types of admissions for 2019-2020 is determined as 14th August, 2019.
58. In this brochure, the status of JBIMS was not altered. That is why, consistent with the definition of the term "autonomous institution" and referring to the autonomy granted by the UGC had to be inserted in this and there is one more reason that this Page 60 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc brochure refers to the autonomous institution status granted by the UGC. By then, the Regulations of the UGC had been promulgated. The UGC Regulations have also been carefully perused by us. The UGC Regulations are of the year 2018. The UGC Regulations have been compiled and it is clear that the UGC Regulations require a complete procedure to be followed. Copies of these regulations are annexed to the writ petition from pages 173 to 185. There also, it is clear that the UGC published a notification on 12th February, 2018 notifying the University Grants Commission (Conferment of Autonomous Status Upon Colleges and Measures for Maintenance of Standards in Autonomous Colleges) Regulations, 2018. These regulations contain the definition of the term "college" to mean any institution, whether known as such or by any other name, which provides for undergraduate and/ or postgraduate and/ or Ph.D. programmes for obtaining any qualification from a university and which, in accordance with the rules and regulations of such university, is recognised as competent to provide for such programmes/ courses of study and present students undergoing such courses of study for the examinations for the award of such qualification. "Parent University" is defined to mean the University to which the college concerned is affiliated, or of which the college concerned is a constituent. Then, the role and terms Page 61 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc and conditions of an autonomous college are set out. The role of the parent university and the role of the State Government is also set out. The role of the State Government is to provide nominee on the Expert Committee/ various statutory bodies within 30 days and to provide funds to Government/ aided colleges as they had been providing before the conferment of autonomous status. The Government has to ensure that all sanctioned faculty positions are filled on regular and ongoing basis and that a minimum of 85% posts remain filled at all times. The eligibility for autonomy or autonomous status is an aspect covered by Regulation No.6 and Regulation No.7 provides for conferment/ extension of autonomous status.
59. Mr.Talekar is right in urging that when these regulations were brought into effect, the autonomy granted by the University of Mumbai to JBIMS was in force. That autonomous status or conferment was neither revoked nor surrendered. The conferment and extension of autonomous status, as set out in the UGC Regulations also contemplates that an application has to be made to the parent/ affiliating university, but the application has to be made in the form specified by the UGC, whereas, a proposal has to be submitted to the parent university. An advance copy of the proposal is to be forwarded to the UGC indicating the date of Page 62 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc receipt of proposal by the parent university for the record of the UGC. The college submits the proposal to parent university, which may forward the same to UGC within 30 days of the receipt of the proposal. In case the proposal is rejected by the university, the decision shall be communicated to the college through a speaking order. If the university and the State Government fail to provide the nominee for UGC Expert Committee, the UGC may proceed on a spot vigil and take a decision on the proposal of the college. If the college is eligible, the UGC shall examine the proposal for conferment/ extension of autonomous status with an onsite visit by an Expert Committee constituted by the Chairman of the Commission consisting of three expert members, out of which, one shall be the Chairperson, nominees from the parent/ affiliating university and the State Government. The UGC official may be nominated to coordinate the visit. The decision for conferment/ extension of autonomous status shall be taken by the Standing Committee comprising of three Commission members on autonomous colleges after due consideration of the recommendations of the Expert Committee. If the proposal of a college for conferment of autonomous status is rejected for any reason whatsoever, the college shall be eligible to reapply, but not before one year from the date of the rejection of its earlier proposal. The autonomous college shall apply in the prescribed Page 63 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc format to UGC for extension of autonomous status six months prior to expiry of the autonomy cycle. In case of expiry of accreditation cycle, the college seeking extension of autonomous status must submit a proof of having applied for accreditation by NAAC/ NBA to be eligible for extension. Till the extension of autonomous status is awarded by the UGC, the college shall continue to avail the autonomous status. The UGC shall also consider the interim period while granting extension of autonomous status to the college. It is, therefore, apparent from the definitions in the brochure that the definition of the term "autonomous institution" makes a reference to the autonomy granted by the UGC. The UGC Regulations on conferment/ extension of autonomous status, the criteria for the same would make it apparent that it is the authorities specified therein to whom the proposal has to be forwarded and it is not as if the university is totally excluded from the scheme of conferment of autonomous status. It is in these circumstances that the CET Cell as well, while initiating the process as in Schedule-I, has given the details. As far as autonomous status is concerned, together with the Government and Government aided ones, the university departments, excluding minority institutes, Maharashtra State candidates 85% seats and All India 15% seats was the allocation for non-autonomous and university departments, 70% for Home Page 64 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc University and 15% for other than Home Universities. To our mind, the basis on which the authorities proceeded and rightly so was that JBIMS has not lost its autonomy. It has not lost that status. Yet, the Directorate and the State Government put a contrary prescription in place. It is clear from the averments in this writ petition that in JBIMS, till academic year 2018-2019, all 120 seats were filled in at State level without any quota to Home University. It is also clear that when there are 120 seats divided into Maharashtra State seats 102 and All India seats 18, out of 102 seats, in the event the status is non-autonomous, then, 79 seats would be filled in from amongst the students of Home University. It is precisely to overcome this position that the State and the Directorate intervened. If the autonomous status was the basis for admissions to JBIMS, substantial number of students (80 in number) would have got admission, whereas, now, only 20 seats would be available for students graduating from other universities. It is only when the CET Cell published provisional allotment of CAP round for the postgraduate degree in JBIMS on 17th July, 2019 that the student community learnt about the change. It is in these circumstances that the students are challenging this change or modification. This should not be understood as a challenge to the status of JBIMS. Even if their (State Government/DTE/CET) presumption is that the status is Page 65 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:08 ::: Judgment-WPST.20304.2019.doc not extended, but that is, as we have held above, not the understanding and presumption of either the UGC or the University of Mumbai, who are in-charge of conferment and extension of such status. We do not think that the change or modification brought about by the State Government and the Directorate of Technical Education can be sustained. The admissions to the JBIMS would have to be granted on the basis of the prevailing status and that is by treating JBIMS as an autonomous institution. Any other interpretation wold defeat not only the object and purpose of the two enactments, but equally the statutes of the University of Mumbai and the regulations of the UGC on conferment and extension of autonomous status. We cannot uphold the interpretation of the authorities other than academic bodies for that would defeat the ends of justice.
(underlining ours)
60. We are, therefore, of the opinion that the petition deserves to succeed. The State Government and the Directorate of Technical Education are directed to complete the admission process by treating the JBIMS as an autonomous institute.
61. We also think that there is substance in the contentions of Mr.Talekar which are pressed before us in the alternative. We have noticed that the attempt of the State Government to sustain Page 66 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:09 ::: Judgment-WPST.20304.2019.doc its stand is by relying upon the decision in the case of Saurabh Chaudri (supra). We have carefully perused that decision with the assistance of the learned Advocate General. The said decision in the case of Saurabh Chaudri (supra) was rendered by the Hon'ble Supreme Court in the backdrop of a conflict in two opinions rendered by the Hon'ble Supreme Court. In para 2 of this judgment in the case of Saurabh Chaudri (supra), the Hon'ble Supreme Court has crystallised the core question. The core question was the constitutional validity of reservation whether based on domicile or institution in the matter of admission into postgraduate courses in Government run medical colleges. The petitioners before the Hon'ble Supreme Court were residents of Delhi. They joined various medical colleges out of Delhi for undertaking their MBBS courses of studies against 15% All India quota. On being qualified therefor in the All India Medical Entrance Examination, they intended to join the medical colleges of Delhi for their postgraduate medical courses. They applied and were granted admission forms relying upon a prior judgment of the Hon'ble Supreme Court in the case of Parag Gupta (Dr.) vs. University of Delhi3. The three Judge Bench of the Hon'ble Supreme Court in the case of Magan Mehrotra vs Union of India 4 held that apart from institutional preference, no other preference, 3 (2000) 5 SCC 684 4 (2003) 11 SCC 186 Page 67 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:09 ::: Judgment-WPST.20304.2019.doc including reservation on the basis of residence is envisaged in the Constitution. The appellants before the Hon'ble Supreme Court claimed themselves to be the residents of Delhi and sons of the soil. They challenged a notification issued by the Delhi University on or about 31st December, 2002. They also questioned the reservation made by way of institutional preference for admission to postgraduate medical courses. There was, therefore, a wider question posed and that is noted in para 10. In the backdrop of the same, the Hon'ble Supreme Court made the further observations. The further observations and heavily relied upon have to be noted in the context of the core question. The Hon'ble Supreme Court came to the conclusion that it is possible to sustain the institutional preference, but in matters of this nature, preferences of this type ought to be consistent with the larger requirement of promoting merit and excellence. The Hon'ble Supreme Court, therefore, in the case of Saurabh Chaudri (supra) came to the conclusion that the reservation by way of institutional preference should be confined to 50% of the seats since it is in public interest. Before us, the argument canvassed in the alternative was that the reservation for Home University is kept at 70%. That is excessive, arbitrary and discriminatory. The question before us is slightly different. The question before us is not whether there could be a reservation of seats for a State. The Page 68 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:09 ::: Judgment-WPST.20304.2019.doc 85% seat allocation for the State of Maharashtra is not questioned before us by the petitioners. The argument and to be precise is within this 85% quota, there is another sub-quota carved out for the Home University students and that is 70%. That is excessive, arbitrary and unconstitutional.
62. We have noticed that the principles laid down and earliest point in time in a five Judge Bench judgment of the Hon'ble Supreme Court in the case of P. Rajendran vs. State of Madras and Ors.5 ought to be the guiding force. That says that Article 14 does not forbid classification, but the classification is to be justified on the basis of the nexus between the classification and the object sought to be achieved. The Hon'ble Supreme Court observed that even assuming that territorial classification may be a reasonable classification, but the fact that this classification by itself is reasonable is not enough. That cannot support it unless there is nexus between the classification and the object sought to be achieved. Therefore, when the object sought to be achieved is to get the best talent, the allocation of seats district-wise has no reasonable relation with the object to be achieved. If anything, such allocation will result in many cases in the object being destroyed, and if that is so, the classification, even if reasonable, would result in discrimination, inasmuch as better qualified 5 AIR 1968 SC 1012 Page 69 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:09 ::: Judgment-WPST.20304.2019.doc candidates from one district may be rejected while less qualified candidates from other districts may be admitted from either general pool or from socially and educationally backward classes. Therefore, one would have to approach this issue differently. If the process for admission is common and covered by the statutes in the field and this process of admission followed the common CET, then, whether it is permissible to then divide the students on the basis that those from Home University deserve preference and can still march over others and to the extent of 70%. It may be that there is scope for providing such a preference or carving out a quota for Home University students. However, if the process is as understood above and the admissions are to be made to professional courses in institutions and colleges of repute, then, as the Hon'ble Supreme Court emphasises, the best and most meritorious ought to be selected and ought to be finding a place. To our mind, in the view that we have taken on the autonomous status of JBIMS, it is not necessary to examine this aspect in further details. All that we do is to invite the attention of all concerned to the judgments of the Hon'ble Supreme Court in the field. There should be minimal scope for carving out a quota other than earmarking seats for constitutional reservations. If we carve out further quotas and make a sub-classification of the above nature, then, this object will not be fulfilled. We find that all Page 70 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:09 ::: Judgment-WPST.20304.2019.doc concerned ought to be reminded the dictum of the Hon'ble Supreme Court that merit and excellence has to be promoted in higher education and particularly in postgraduate education and professional courses. For these reasons, we do not think that this question needs examination by us in further details. We find that we can rest our conclusion on the basis of discussion on the autonomous status of JBIMS. Anything further need not be gone into and considered. We also invite the attention of all concerned to a judgment of the Hon'ble Supreme Court in the case of Ahmedabad Municipal Corporation and Anr. vs. Nilaybhai R. Thakore and Anr.6. The Hon'ble Supreme Court held as under:-
8. So far as the constitutionality of various rules pertaining to admissions to undergraduate courses in educational institutions is concerned, it is now well settled in view of a large number of judgments of this Court in D. P. Joshi v. State of M.B. 1955 AIR(SC) 334 :
1955 (1) SCR 1215), D.N.Chanchala v. State of Mysore 1971 Supp SCR 608, Jagadish Saran ( 1980 (2) SCC 768 ) and Dr. Pradeep Jain ( 1984 (3) SCC 654 : 1984 (3) SCR 942) wherein it is held that so far as undergraduate courses are concerned, the reservations based on domicile, university or institution are permissible provided the said reservations are not wholesale.
9. With regard to postgraduate and superspecialities, this Court has prohibited any reservation whatsoever as in the cases of State of Rajasthan v. Dr.Ashok Kumar Gupta (1989 (1) SCC 93), Dinesh Kumar (Dr) v. Motilal Nehru Medical College 1986 (3) SCC 727: 1986 (3) SCR
345), Municipal Corpn. Of Greater Bombay v. Thukral Anjali deokumar 1989 (2) SCC 249, P.K.Goel v. U.P. Medical College (1992 (3) SCC 232 ) and Gujarat University v. Rajiv Gopinath Bhatt (1996 (4) SCC 60).
6 AIR 2000 SC 114 Page 71 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:09 ::: Judgment-WPST.20304.2019.doc
10. But the question in this case is slightly different from the law laid down in the above-cited cases. Under Rule 7 of the impugned rules, "a local student" is defined as a student who has passed SSC/New SSC Examination and the qualifying examination from any of the high schools or colleges situated within the Ahmedabad municipal limits. As per this rule, it is only those students who qualify from educational institutions situated within the municipal limits who will be eligible to be treated as local students. While the permanent resident students of Ahmedabad city who for fortuitous reasons, as stated above, happen to acquire qualification from educational institutions situated just outside the municipal limits, namely, AUDA, will not be eligible for being treated as local students. The object of the rule is to provide medical education to the students of Ahmedabad who have acquired the necessary qualification, their selection being based on merit. If that be the object, can it be said that a classification based only on the location of the educational institution within or outside the municipal area is a reasonable classification? In our opinion, the answer should be in the negative. In the counter-affidavit filed on behalf of the Ahmedabad Municipality in the writ petition, it is stated that the Medical College in question was established to cater to the needs of the students of Ahmedabad city. If that be the object, in our opinion, the same would be defeated by restricting the definition of "local student" to those students who have acquired their qualification from institutions situated within the Ahmedabad municipal area, because as has happened in this case, the actual resident students of the Municipality whose parents would have contributed towards the revenue of the Ahmedabad Municipality who for reasons beyond their control or otherwise, had acquired their qualification from institutions situated just outside the Ahmedabad municipal area i.e. within AUDA, would be denied the benefit of admission to the College which is run by the Ahmedabad Municipality. In our opinion, confining the definition of "local student" to only those students who acquired the qualification from educational institutions situated within the local area creates an artificial distinction from amongst the students who are residents of Ahmedabad city and those who may not be the residents of Ahmedabad city but who have studied in educational institutions situated in the Ahmedabad Municipal Corporation limits. We do not find any nexus in this type of classification with the object to be achieved. Let us test the logic of this rule with reference Page 72 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:09 ::: Judgment-WPST.20304.2019.doc to a permanent resident of Ahmedabad who resides within the Ahmedabad municipal limits but is employed within AUDA. Can the Municipality refuse the benefit of its services to such a resident of the city only on the ground that he is employed in AUDA? The answer again can only be No. Similarly, if the object of the rule is to provide medical education to the students of Ahmedabad because of its municipal obligations then a differentia within the class of students of Ahmedabad on the basis of their acquiring qualifications from schools within the Ahmedabad municipal limits or within the limits of AUDA would be arbitrary and violative of Article 14.
63. We are mindful of the objection raised by Mr.Kumbhakoni that constitutional questions need not be decided for academic purposes. There has to be a real and substantial challenge. The constitutional issue should be decided when there are proper pleadings and particulars and extensive arguments. It should not be decided only for academic interest. In these circumstances, we do not think that the wider question on the reasonableness of 70% quota for Home University students should be decided by us. We need not go into further details in relation thereto.
64. Suffice it to say that such quotas may not be necessarily conducive for then the State can be divided university-wise. The State Government would then divide meritorious students university-wise or Home University-wise. Whether this is healthy and conducive and promotes excellence and merit is the question which should be addressed by the authorities. Page 73 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:09 ::: Judgment-WPST.20304.2019.doc
65. As a result of the above discussion, we do not think that the judgments which have been brought to our notice by the learned Advocate General, either rendered before Saurabh Chaudri (supra) or subsequently need to be considered in details.
66. Equally, each and every judgment cited before us by Mr.Talekar also need not be gone into. We have gone by the principles enshrined in Dr. Jagdish Saran and Ors. vs. Union of India7. Equally, we are aware of a judgment of the Hon'ble Supreme Court rendered in the case of Dr.Kirti Lakhina vs. State of Karnataka8, decided on 4th April, 2018. There, the 44 doctors- petitioners approached the Hon'ble Supreme Court as they were aspiring for admission to postgraduate courses from the State of Karnataka. They were pressing clause (4) of Information Bulletin jointly issued by the Directorate of Medical Education, Government of Karnataka and Karnataka Examinations Authority, Government of Karnataka. The conditions for admission to postgraduate medical and dental courses in respect of Government quota seats in medical/ dental colleges in the State of Karnataka were published on the website on 10 th March, 2018 and the eligibility condition was inter alia that the candidate is of Karnataka origin and studied MBBS or BDS degree in a medical 7 (1980) 2 SCC 768 8 Writ Petition (Civil) No.204 of 2018 Page 74 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:09 ::: Judgment-WPST.20304.2019.doc or dental college situated in Karnataka or outside Karnataka and affiliated to any university established by law in India recognised by the Medical Council of India or Dental Council of India and Government of India and has qualified in the NEET for admission to postgraduate medical or dental degree/ diploma courses. The candidate of "Karnataka Origin" was defined in the Explanation and the petitioners argued that this clause to the extent imposing a condition of domicile for admission to MD, MS and postgraduate diploma seats in the State of Karnataka is invalid and unconstitutional. It deprives the petitioners, who had obtained degree courses from the colleges situated in Karnataka, from competing for admission to postgraduate courses in Government Medical Colleges and against Government quota seats in non- Governmental institutions. It is while examining this issue and challenge, the argument of the State was that only candidates of Karnataka origin could compete for admission to 50% Government seats in Government colleges and against Government quota seats in private colleges. While deciding this question, reference was made to several judgments of the Hon'ble Supreme Court and the Hon'ble Supreme Court summarised the conclusions by allowing the writ petition declaring clause 4.1 of the Information Bulletin as invalid to the extent it disqualifies petitioners and similarly situated candidates, who completed Page 75 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:09 ::: Judgment-WPST.20304.2019.doc their degree courses from colleges situated in Karnataka from competing for admission to postgraduate medical/ dental courses in Government medical colleges and against Government quota seats in non-Governmental institutions. The writ petition was, therefore, allowed. Thus, the Hon'ble Supreme Court followed its dictum rendered earlier, including by referring to Saurabh Chaudri (supra). It is, therefore, clear that the emphasis is to minimise such stipulations which do not promote equality. That which leads to discrimination and arbitrariness would necessarily violate the mandate of Article 14 of the Constitution of India. That would mean equals are treated unequally. That is a negation of the mandate of equality. Beyond inviting the attention of the State, its functionaries to this judgment, we do nothing.
67. We are now left with a reference to another law in the field and that is the Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admission and Fees) Act, 2015 (hereinafter referred to as "the Act of 2015). We are informed that the common admission process Information Bulletin makes a reference to this law. It is said that the Government of Maharashtra has established the State CET Cell under the Admission Regulating Authority as per the provisions of section 10 of this Act. That the admissions even to postgraduate courses and in institutions like JBIMS have to be Page 76 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:09 ::: Judgment-WPST.20304.2019.doc regulated and that autonomy does not mean that there is complete and total freedom or immunity from transparency, fairness and reasonableness in such process would not necessarily mean that the State Government and the Directorate of Technical Education has the final word in matters of autonomy. That the admission process to even JBIMS is on the basis of the results of the CET and a common admission process devised by the State CET Cell does not mean that the State Government has a power to decide, through this Cell, the status of JBIMS. The conclusion reached by the State that JBIMS is a non-autonomous institution cannot be justified with reference to this law. At best this law enables setting up of this Cell and that this Cell is the competent authority to conduct the test and thereafter the common admission process by itself means nothing in relation to the controversy raised before us. We do not think that the conclusion of the State that JBIMS is non-autonomous institution can be upheld by relying on any provision of this Act.
68. We have never said that autonomy is so complete that the admission process in JBIMS would not have to adhere to the norms of the Government. It is clear that in matters this nature, the autonomy granted is understood in law to mean as specified in the statutes of the University of Mumbai and the Regulations of the UGC. That does not give such immunity to the autonomous Page 77 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:09 ::: Judgment-WPST.20304.2019.doc institutions as is projected before us by the State Government. Presently, JBIMS is subjected to the process devised by the State for admissions known as CAP. Therefore, at this stage, nobody is saying that it is out of this common admission process. The issue raised before us is decided only in the backdrop of the status of this JBIMS. The petitioners claim that it is an autonomous institute, whereas, the State, through its Cell, has categorised it as non-autonomous. That categorisation has not been sustained and upheld by us. We do not think that our judgment would be understood as allowing JBIMS to go out of the common admission process for the academic year 2019-2020.
69. Finally, a faint attempt was made by the learned Advocate General by inviting our attention to the judgment of the Division Bench of this court in the case of Mayuri Munde (supra). Relying upon this judgment, Mr.Kumbhakoni would submit that the nine petitioners before us in this writ petition can be accommodated in other quota available to JBIMS. It would be a quota of 15% for international students or similar such quota. Therefore, these nine students can be considered for admission and we should not disturb the admissions already granted to Home University students, namely, the University of Mumbai students.
70. Mr.Talekar submits that this submission of the learned Advocate General should not be accepted. We see much substance Page 78 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:09 ::: Judgment-WPST.20304.2019.doc in Mr.Talekar's objection. Our judgment and order in this writ petition does not necessarily ensure admissions to the nine students in the writ petition before us. There are other students, who may be on the verge of filing petitions and who, if their writ petitions had been filed and taken up, may also have succeeded. It may be that there are other students from universities except the University of Mumbai, who are more meritorious and ranked higher in the list. They would be deprived of admission if we allow nine students in this writ petition to be admitted in the manner suggested by the learned Advocate General. That would mean an entry by back-door method. That would mean diluting merit and rather compromising with it. Our order should not be seen as diluting the merit. We would, therefore, not sustain the desperate attempt of the State Government and the Directorate to save the admissions, erroneously and illegally granted, to the University of Mumbai students in JBIMS. The process will have to be necessarily reworked. If these students have to blame anybody, they ought to blame the State Government and the Directorate of Technical Education. They should not blame the students, who are otherwise meritorious, for having approached this court to challenge an illegal and arbitrary action of the State functionaries. None can be prevented from approaching a court of law and claiming or seeking a relief to prevent miscarriage of Page 79 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:09 ::: Judgment-WPST.20304.2019.doc justice. Precisely for that reason, if the admission process has to be reworked, it will have to be. There is no alternative, but to chart this course.
71. We direct the State Government and the Directorate of Technical Education to rework the admission process insofar as the admission to postgraduate degree course in JBIMS and it shall be done by treating that institute as an autonomous institute. If anybody loses his/her admission in JBIMS because he is from University of Mumbai, then, that is a necessary and inevitable consequence directly flowing from our declaration and direction. It is open for such students to sue the State and the Directorate of Technical Education. We do not think that the remedy of such students is in any way affected much less adversely by our judgment and order in this petition. We direct that the process which has to be carried out as a consequence of this judgment and order shall be completed as expeditiously as possible and in any event, within a period of four weeks from today.
72. At this stage, Mr.Samant-AGP prays for a stay of this judgment and order. This request is opposed by Mr.Talekar.
73. Having heard both sides on this limited point, we are of the opinion that our judgment and order is based only on the well Page 80 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:09 ::: Judgment-WPST.20304.2019.doc settled principles laid down in the judgments of the Hon'ble Supreme Court. Far from deviating from the same, we have applied these principles and interpreted the statutes of the University of Mumbai, the regulations of UGC, the Maharashtra Universities Act, 1994 and the Maharashtra Public University Act, 2016, accordingly. Each of these are framed with an objective to uphold the autonomy of university as also the institutes of repute like JBIMS. They are also aimed at encouraging merit based admissions and minimising quotas and reservations. Therefore, we do not think that the request as made and that too by the State Government and the Directorate of Technical Education deserves to be granted. More so, when by our order and judgment, neither the JBIMS nor the University of Mumbai is aggrieved or inconvenienced.
74. The request is, therefore, refused.
(SANDEEP K. SHINDE, J.) (S.C.DHARMADHIKARI, J.) Page 81 of 81 J.V.SALUNKE,PS ::: Uploaded on - 08/08/2019 ::: Downloaded on - 15/04/2020 09:15:09 :::