Uttarakhand High Court
Shivalik College Of Engineering vs Veer Madho Singh Bhandari Uttarakhand on 4 June, 2024
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
HIGH COURT OF UTTARAKHAND AT
NAINITAL
THE HON'BLE SRI JUSTICE RAKESH THAPLIYAL
Writ Petition (M/S No. 3619 of 2023
Shivalik College of Engineering
through its Secretary ........Petitioner
Versus
Veer Madho Singh Bhandari Uttarakhand
Technical University and others ....Respondents
Counsel for the petitioner : Mr. Jitendra Chaudhary and Mr. Siddharth
Sah, learned counsel
Counsel for the : Mr. Jatinder Sethi, learned Deputy Advocate
University/respondent No. 1 General along with Mr. Shailendra Nauriyal,
learned counsel
Counsel for the UGC/respondent : Mrs. Anjali Bhargava, learned counsel
No. 4
Reserved on : 03.04.2024
Delivered on : 04.06.2024
Hon'ble Rakesh Thapliyal, J. (Oral)
The instant writ petition has been preferred by the petitioner, which is an Institution namely "Shivalik College of Engineering", for seeking a direction that respondent No. 1/Veer Madho Singh Bhandari Uttarakhand Technical University is directed to issue the necessary Notification regarding grant of autonomous status to the petitioner's institution pursuant to Regulation 4.2 of the University Grants Commission (Conferment of Autonomous Status Upon Colleges and Measures for Maintenance of Standards in Autonomous Colleges) Regulations, 2023 in compliance to the letter 2 issued by the University Grants Commission (hereinafter referred to as "UGC") dated 13.11.2023, whereby, the respondent University has been directed to issue the Notification within 30 days regarding grant of autonomous status to the petitioner's institution.
2. Brief facts are that the petitioner's Institution run by a Society, namely "Rijan Educational Society", registered under the Societies Registration Act. The registration of the said society was lastly renewed on 21.09.2020 for the period commencing from 06.06.2020 to 05.06.2025.
3. It is submitted by the learned counsel for the petitioner that Rijan Educational Society is a non profit organisation and its aim & object is to mobilise world class education and generate resources for providing and supporting quality education for all with the vision for a better tomorrow.
4. It is submitted by the learned counsel for the petitioner that the petitioner's institution i.e. Shivalik College of Engineering, is approved by the AICTE and affiliated with Veer Madho Singh Bhandari Uttarakhand Technical University (hereinafter referred to as "the 3 University"). This institution was established in the year 2008 and the approval was accorded by the AICTE on 07.05.2008 to conduct technical courses, the copy of which is also brought on record and thereafter got affiliation with the University on 18.03.2010.
5. The issue, as raised in the instant writ petition is with regard to grant of autonomous status to the petitioner's institution for which the UGC, after following the complete procedure directed the University to issue the notification for the purposes of grant of autonomous status to the petitioner's institution, but the University have not issued the notification on the ground that the petitioner's institution is not having NBA accreditation. Being aggrieved with the inaction on the part of the respondent/University, not issuing the notification as per UGC Regulations, 2023, the instant writ petition has been preferred.
6. Now, since the issue relates to the grant of autonomous status to the petitioner's institution which though the UGC directed the University to issue notification but the University is not issuing the notification and therefore in backdrop of this case, the 4 references of Regulations, which governs the field for grant of autonomous status, is required to a discuss.
7. The UGC, in supersession of the earlier Regulation of 2018 i.e. University Grants Commission (Conferment of Autonomous Status upon Colleges and Measures for Maintenance of Standards in Autonomous Colleges) Regulations, 2018, by invoking the powers as conferred by clause (j) of Section 12 read with clause (f) and (g) of sub-Section (1) of Section 26 of the University Grants Commission Act, 1956 framed the Regulations i.e. University Grants Commission (Conferment of Autonomous Status upon Colleges and Measures for Maintenance of Standards in Autonomous Colleges) Regulations, 2023 (hereinafter referred to as "UGC Regulations, 2023), which was notified in the Official Gazette on 03.04.2023.
8. The preamble of this Notification dated 03.04.2023 reveals that since there is a need to promote the autonomy of colleges so as to enhance the quality of higher education in the country, this Regulation was framed by the UGC. The preamble of the regulation is being reproduced herein below, which in fact goes to the 5 root of the matter with regard to the subject matter of the present petition.
"Preamble F. No. 1-18/2021 (CPP-II)--Whereas the University Grants Commission (UGC) is mandated to coordinate and determine the standards of higher education in universities; Whereas college autonomy is instrumental in promoting broad-based quality education and excellence; Whereas the Commission, in exercise of its powers conferred by Section 26 of the UGC Act, 1956, has notified the University Grants Commission (Conferment of Autonomous Status upon Colleges and Measures for Maintenance of Standards in Autonomous Colleges) Regulations, 2018; And whereas there is a need to promote the autonomy of colleges so as to enhance the quality of higher education in the country. Now, therefore, in supersession of the University Grants Commission (Conferment of Autonomous Status upon Colleges and Measures for Maintenance of Standards in Autonomous Colleges) Regulations, 2018 and in exercise of the powers conferred by clause (j) of Section 12 read with clauses (f) and
(g) of sub-section (1) of Section 26 of the University Grants Commission Act,1956, the University Grants Commission hereby makes the following Regulations:"
9. So, as per the preamble of the said UGC Regulations, 2023, the basic concept for framing the Regulation is to promote the autonomy of colleges to enhance the quality of higher education in the country.
10. Now, certain regulations of the said UGC Regulations, 2023 are also being extracted herein as below, which are relevant for adjudicating the issue, as involved in the instant petition. Regulation 2 of the UGC Regulations, 2023 pertains to the definitions and the same is also being reproduced herein as below:- 6
2. Definitions: -
In these Regulations, unless the context otherwise requires--
2.1 "Academic Council" means the Academic Council of the Autonomous College 2.2 "Act" means the University Grants Commission Act,1956 2.3 "Board of Studies" means the Board of Studies of a Department of the Autonomous College 2.4 "College" means any institution (affiliated College or constituent College), 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 recognized as competent to provide for such programmes/courses of study and present students undergoing such courses of study for the examination for the award of such qualification 2.5 "Commission" means the University Grants Commission (UGC) 2.6 "Finance Committee" means the Finance Committee of the Autonomous College 2.7 "Governing Body" means the Governing Body of the Autonomous College, which is different from the Trust Board or the Board of Management or the Executive Committee or the Management Committee 2.8 "Parent Body" means the Society registered under the Societies Registration Act 1860, or a body corporate, established or incorporated under a Central or State Act for the time being in force, or a Trust or a Company registered under Section 8 of the Companies Act, 2013;
the Government or local authority or any University (for college/institution run by them) 2.9 "Notification" means a notification issued by the parent University declaring a college as an autonomous one after the conferment of autonomous status by the UGC"
11. Regulation 3 of the UGC Regulations, 2023 pertains to the role, terms and conditions of an autonomous college and the same is also being reproduced herein as below:-7
3. ROLE, TERMS AND CONDITIONS OF AN AUTONOMOUS COLLEGE: - The role, terms and conditions of an Autonomous College in general and subject to the provisions of Regulations will be as under:
3.1 Review existing courses/programmes and, restructure, redesign and prescribe its own courses/programmes of study and syllabi. 3.2 To formulate new courses/programmes within the nomenclature specified by UGC as per the Specification of Degrees 2014 as amended from time to time. 3.3 Evolve methods of assessment of students‟ performance, conduct of examinations, and notification of results.
3.4 To announce results, issue mark sheets, and other certificates; however, the degree shall be awarded by the parent University with the name of the College on the degree certificate.
3.5 Autonomous colleges need not pay affiliation fees to the parent University.
3.6 Prescribe rules for admission in consonance with the reservation policy of the state government/national policy.
3.7 Autonomous Colleges may fix fees as per the norms of the State Government/ Statutory Council(s) at their own level, as applicable.
3.8 Constitute own Governing Body, Academic Council, Finance Committee, and Board of Studies. 3.9 The teaching staff and Principal in all the Autonomous Colleges shall be appointed as per the University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations, 2018 as amended from time to time or any regulations notified by UGC in this regard from time to time.
3.10 Autonomy granted to the College is at the institutional level and is not partial and shall cover the programmes at all levels of U.G. and P.G. offered by the College. The courses introduced by the College after the conferment of autonomous status shall automatically come under the purview of autonomy. 3.11 Ph.D. programmes shall be offered strictly as per the UGC Regulations notified in this regard from time to time.
3.12 Autonomous status shall be granted initially for a period of five or ten years as per Clause 7 of these regulations.8
3.13 Further extension of autonomy shall be for a period of five or ten years as per Clause 8 of these regulations.
12. Regulation 4 of the UGC Regulations, 2023 pertains to the parent university and the same is also being reproduced herein as below:-
4. ROLE OF THE PARENT UNIVERSITY: - The role of the parent University in general and subject to the provisions of Regulations will be as under:
4.1 To examine the application of the College for autonomous status on the UGC portal and give its recommendations, along with reasons/ justification, within 30 working days on the UGC portal. If the parent University does not respond on the UGC portal within 30 working days, it shall be presumed that the parent University has no objection to the processing of the application by the UGC for conferment of autonomous status.
4.2 Issue notification within 30 days for a college to function as an autonomous entity once the autonomous status is conferred on the College by UGC. 4.3 The College, on attaining autonomous status will continue to be affiliated with the parent University but will enjoy the privileges of autonomy. 4.4 To provide nominees on various Statutory Bodies of the Autonomous College.
4.5 To facilitate the implementation of these regulations.
13. Regulation 6 of UGC Regulations, 2023 pertains to the eligibility criteria for the colleges being granted the autonomous status is also being reproduced herein as below:-
6. ELIGIBILITY 6.1 Affiliated or Constituent Colleges of any discipline, whether Government, aided, partially aided, or unaided/self-financing, are eligible, provided they are under Section 2(f) of the UGC Act.
6.2 The College should have at least 10 years of existence.9
6.3 The College must be accredited either by NAAC; or by NBA for at least three programme(s); or from a UGC-
empanelled accreditation agency. However, if the number of programme(s) being run by the College is less than three, then each of the eligible programme must be accredited as per NBA norms. Accreditation status must be valid for at least one year at the time of application. The constituent colleges shall also undergo independent accreditation.
6.4 The Commission may exempt a college from Clauses 6.2 and 6.3 of these Regulations, if it offers programmes in any of the following focus areas:
• unique discipline(s), e.g., special education, Indian knowledge system, yoga, defence studies • addressing the strategic needs of the country • engaged in the preservation of Indian cultural heritage • preservation of the environment • dedicated to Skill Development, Sports, languages • any other discipline(s)/ field(s) so determined by the Commission
14. Regulation 7 of the UGC Regulations, 2023 pertains to Conferment of Autonomous Status and the same is also being reproduced herein as below:-
7. CONFERMENT OF AUTONOMOUS STATUS 7.1 A College fulfilling the eligibility as per clause 6 of these regulations, intending to become autonomous, shall submit the application on the UGC portal anytime during the year.
However, in the case of proposals for the grant of autonomy/extension of autonomy, which have already been received and are under consideration by UGC before the notification of these regulations, no fresh application will be required, and UGC will consider all such pending proposals as per these Regulations, subject to the condition that the accreditation status is valid for six months at the time of notification of these Regulations or has applied for reaccreditation in case the validity of accreditation is less than six months.
7.2 The parent University will examine the application of the College for autonomous status on the UGC portal and give its recommendations along with reasons/justification within 30 working days from the 10 date of submission of the application on the UGC portal. If the parent University does not respond on the UGC portal within 30 working days, it shall be presumed that the parent University has no objection to the processing of the application by the UGC for conferment of autonomous status.
7.3 A Standing Committee of UGC shall examine the application of the College for conferment of autonomous status. The recommendations of the Standing Committee shall be considered by the Commission and its decision may be communicated to the parent University and the College.
7.4 Autonomous status shall be granted initially for a period of five years from the commencement of an academic session in case the College is accredited either by NAAC; or by NBA for at least three programme(s); or from a UGC-empanelled accreditation agency. However, if the number of programme(s) being run by the College is less than three, then each of the eligible programme must be accredited as per NBA norms. Accreditation status must be valid for at least one year at the time of application submission;
7.5 Autonomous status shall be granted initially for a period of ten years from the commencement of an academic session in case the College is accredited either by NAAC with a minimum „A‟ Grade (with a score of 3.01 and above on a 4-point scale of NAAC) or by NBA for at least three programme(s) with a minimum score of 675 individually, or a corresponding accreditation Grade/score from a UGC empanelled accreditation agency. However, if the number of programme(s) being run by the College is less than three, then each of the eligible programme as per NBA norms, should secure 675 or more marks. Accreditation status must be valid for at least one year at the time of application submission;
7.6 If the application of a College for the conferment of autonomous status is rejected by the UGC for any reason whatsoever, the College shall be eligible to reapply on UGC portal, but not before one year from the date of rejection of its earlier application.
7.7 An autonomous College can merge with another autonomous college(s)/institution(s) run by the same Parent Body of the Autonomous Colleges, with the prior approval of the Parent University/Universities. 11
15. As referred above, Regulations 6 of the UGC Regulations, 2023 pertains to the eligibility criteria for an institution/college for the purposes of grant of autonomous status. To fulfil the said eligibility, the petitioner's institution received Accreditation Certificate from the National Assessment and Accreditation Council (NAAC) with A+ Grade (CGPA 3.38 on a four-point scale) on 10.06.2023, which is valid up to 09.06.2028.
16. The Accreditation Certificate is also placed on record as Annexure-6, whereby the Executive Committee of the National Assessment and Accreditation Council (NAAC) declared the Shivalik College of Engineering i.e. petitioner's institution which is affiliated to Uttarakhand Technical University, Uttarakhand as Accredited with CGPA of 3.38 on four point scale of A+ grade valid up to June 09, 2028.
17. Learned counsel for the petitioner submits that since the petitioner's institution fulfils all the eligibility as required as per Regulation 6 of the UGC Regulations, 2023, consequently, the petitioner's institution intended to apply under the UGC Regulations, 2023 for grant of autonomous status and the intimation in this regard was sent by the petitioner's institution by letter dated 12 27.07.2023 to the Registrar of the University (respondent No. 1) that the Institution shall apply for autonomous status to the UGC, the extract of the communication, which was sent to the University, which refers the aims, objective and purpose to get autonomous status is also being extracted herein as below:-
"To The Registrar VMSB Uttarakhand Technical University Dehradun Subject: Intimation Regarding Applying for Autonomous Status to the University Grant Commission (UGC) Dear Sir, It is pleased to inform you that UGC has granted recognitition of college under section of the UGC Act 1956 (Copy enclosed).
Shivalik College of Engineering shall apply for autonomous status to the University Grants Commission (UGC). As a responsible and forward- thinking institution, we believe that obtaining autonomous status will further enhance the quality of education and academic autonomy at our college. Autonomous status is a significant milestone that will provide our college with increased flexibility in designing and implementing academic programs, curricula, and evaluation methods.
This autonomy will empower our faculty members and administrators to make timely decisions, fostering innovation and adaptability in response to the changing educational landscape. In preparation for the application process, our college has already formed an internal committee that will oversee and coordinate all the necessary tasks. This committee will work diligently to ensure that the application complies with UGC guidelines and regulations. We are committed to fulfilling all the requirements and expectations set by the UGC to demonstrate our readiness for autonomous status. We believe that obtaining autonomous status will not only benefit the institution but also contribute significantly to the overall growth and development of our students, faculty, and staff.
13
We kindly request the support and cooperation of the university administration in this endeavor.
For kind consideration please."
18. At this juncture, it is relevant to mention here that petitioner's institution is also included in the list of colleges maintained by the UGC under Section 2(f) of the UGC Act, 1956, as the copy of the same is also placed on record as Anexure-7. Consequently, with an intention to get the autonomous status, with prior information to the University, the petitioner's institution submitted an application for grant of autonomous status to the UGC through the portal of UGC i.e. Autonomous Colleges Portal on 11.08.2023 which is also placed on record as Annexure-9.
On 12.08.2023, the petitioner's institution received the acknowledgement of the application submitted on 11.08.2023 for grant of autonomous status which is also placed on record as Annexure-10.
19. After submission of the application to the UGC for grant of autonomous status, the petitioner's institution informed to the Registrar of the University (respondent No. 1) by letter dated 28.08.2023 and requested the University to give their recommendation on UGC portal as 14 required and mandated under Regulation 4.1 of UGC Regulations, 2023.
20. In response to the letter of the petitioner's institution dated 28.08.2023, the respondent University, by letter dated 05.09.2023 refused to grant NOC for the purpose of grant of autonomous status to the petitioner's institution on the ground that the petitioner's institution is not having NBA Accreditation.
21. Learned counsel for the petitioner submits that the said objection for refusing to give NOC for the purpose of grant of autonomous status is wholly irrelevant as per Regulation 6.3 of UGC Regulations, 2023, which clearly provides that the college must be accredited either by NAAC; or by NBA.
22. On perusal of the letter of the University dated 05.09.2023 which is annexed as Annexure-12, it appears that the University denied the NOC without examining the eligibility as mentioned in Regulation 6.3 of the UGC Regulations, 2023 and as per Regulation 6.3 of UGC Regulations, 2023, if an Institution is having NAAC Accreditation, then there is no requirement of NBA Accreditation; only one of the said requirement is 15 essential for grant of autonomous status i.e. either NAAC Accreditation or NBA Accreditation.
23. In the meantime, the respondent No. 4 i.e. UGC, vide letter No. F.210/2023 (AC-policy) dated 13.11.2023, which is addressed to the respondent University, the copy of which is also addressed to the Additional Secretary (Higher Education) Govt. of Uttarakhand, as well as to the Principal of the petitioner's institution, which pertains to conferment of autonomous status to the petitioner's institution.
24. It was intimated that the UGC, in its meeting held on 03.11.2023 approved the recommendation of the Standing Committee on autonomous colleges to confer the autonomous status to "Shivalik College of Engineering" for a period of 10 years, i.e. from the academic year 2024-2025 to 2033-2034, as per clause 7.5 of UGC Regulations, 2023.
By this letter, the University was requested to issue necessary notification within 30 days regarding grant of autonomous status to the petitioner's institution/ college, as per the regulation 4.2 of UGC Regulations, 2023. It is necessary to reproduce the said letter hereunder, which, in fact, goes to the root of the matter in order to 16 establish the inaction on the part of the University for issuing notification for grant of autonomous status, which in fact is the role of the University.
"No.F.2-10/2023(AC-Policy) 13 NOV 2023 The Registrar, Uttarakhand Technical University, Dehradun-248007 Sub: Conferment of Autonomous Status to Shivalik College of Engineering, Sihniwala, Shimla Bypass Road, Dehradun-248197, Uttarakhand affiliated to Uttarakhand Technical University, Dehradun Sir / Madam, This has reference to the proposal submitted by Shivalik College of Engineering, Sihniwala, Shimla Bypass Road, Dehradun-248197, Uttarakhand affiliated to Uttarakhand Technical University Dehradun for conferment of autonomous status.
The Commission at its meeting held on 03.11.2023 has approved the recommendation of the Standing Committee on Autonomous Colleges to confer the autonomous status to Shivalik College of Engineering, Sihniwala, Shimla Bypass Road, 3 Dehradun-248197, Uttarakhand affiliated to Uttarakhand Technical University, Dehradun for a period of 10 years from the academic year 2024-2025 to 2033-2034 as per clause 7.5 of the UGC (Conferment of Autonomous Status Upon Colleges and Measures for Maintenance of Standards in Autonomous Colleges) Regulations, 2023. The University is, therefore, requested to issue necessary notification within 30 days regarding the grant of autonomous status to the College as per UGC (Conferment of Autonomous Status Upon Colleges and Measures for Maintenance of Standards in Autonomous Colleges) Regulations, 2023.
The autonomous college is required to abide by all the provisions of the UGC Regulations for Autonomous Colleges. The Regulations are available on the UGC website, www.ugc.gov.in. Non-compliance of the requirements and conditions prescribed in the said 17 Regulations shall attract action as per Clause-13 of the UGC (Conferment of Autonomous Status Upon Colleges and Measures for Maintenance of Standards in Autonomous Colleges) Regulations, 2023. The college should apply to University Grants Commission for extension of autonomous status at least three months before the completion of autonomy period.
Yours faithfully, (Dr. Gopi Chand Merugu) Deputy Secretary"
25. Learned counsel for the petitioner submits that despite the letter of the UGC dated 13.11.2023, the respondent No. 1/University, instead of issuing the notification, issued a letter dated 21.11.2023, whereby the petitioner's institution was informed that the Executive Committee of the University, in its 15th meeting held on 05.10.2023 decided that prior to giving no objection to the colleges, seeking autonomous status from the University, the College/ Institution must fulfil the qualifications, as decided in the said meeting.
By this letter, the petitioner's institution was instructed to meet the eligibility as decided by the Executive Committee of the University and only thereafter the further process for grant of NOC will be initiated. This letter was issued by the Registrar of the University, the English translation of which is also enclosed and I also perused the same and it is necessary 18 to reproduce the extracts of the said letter herein as below:-
"Letter No. 3105/VMSBUTU/2023 Date:21.11.2023 To, Director, Shivalik College of Engineering, Singhanlwala, Shimla Bypass Road, Dehradun Subject:- Regarding autonomy of Shivalik College of Engineering, Dehradun Sir, Please refer to the University Grants Commission's letter No. F 2-10/2023 (AC Poilcy), dated X November 13, 2023, which grants ten years (academic Pertains to granting autonomy for the session 2024-25 to 2033-34).
In order to expect a notification to be issued from the University in this regard, you have to inform that the letter No. SCE/2023-24/08/2688, dated, sent to the University regarding obtaining no objection on your application for academic autonomy from 2024-25. Letter No. 2120 Issued by the University in the order of August 28, 2023 information was given to you for not giving no- objection by C.M.S.B.U.P.V./2023, dated September 05, 2023.
It is also to be pointed out here that the University has launched the Online Web Portal of the University Grants Commission. Due to the University not having access to the portal, the University not being aware of the updated status on the respective portal and not being able to execute the work done through the portal in a timely manner, letter no, to the Secretary, University Grants Commission, New Delhi. -2149/Ch.M.S.B.U.P.U. T.V./2023 It was Informed vide date 06 September, 2023.
Also, while exercising the powers conferred in the University Act 2005, the provisions of the Act are being implemented. For compliance, as per the decision taken in point number 18 06 of the 15th meeting of the University Executive Council held on October 05, 2023, the Executive Council will determine the rules and 19 regulations prescribed by the University before giving no-objection to the applications for autonomy at the university level, regarding granting autonomy to the colleges affiliated to the University. The following norms are expected to be followed:-
1. The affiliated institution applying for autonomy should have a permanent affiliation with this university for at least 05 years.
2. The applicant institute should have minimum A+ grade in NAAC Accreditation.
3. Out of the courses conducted in the applicant institute, minimum 03 courses should be NBA Accredited.
4. In view of the self-financed nature of the University, the prescribed affiliation fee will be paid by the applicant institution to the University on an annual basis for the period of affiliation and the orders of the University and the State Government regarding affiliation will be followed. Also, in case of non-payment of affiliation fee from the Institution level, it will be mandatory to comply with the fine or other punishment, if any, imposed from the university level.
5. The applicant institute will have to follow the ordinance/syllabus prescribed for various courses of the university, although the institute will be free to teach more than the syllabus prescribed by the university at its own level.
6. Permission of the State Government for conducting courses other than those existing at the time of autonomy in the applicant institute. On no objection, it will be mandatory to take affiliation from the university as per rules. To close a course or Before making the amendment the institute took the affiliation action after obtaining consent from the university as per rules will go.
7. Admission and conduct of Ph.D courses in the applicant institute will be done on the conditions prescribed by the university.
8. The affiliation of the applicant institution with the university should be for a minimum period of 10 continuous years and no violation of any kind of 20 academic, administrative and financial norms should have come to light at the Institution level till 05 years before the time of application.
9. If the institution applying for autonomy is declared a defaulter in relation to the fulfillment of academic, administrative and prescribed standards, then in that case financial penalty will be imposed on the concerned institution and in case of non-compliance, the institute will not be found suitable for autonomy.
10. Keeping in view the quality education, the University will be free to take decisions at its own discretion in matters related to granting autonomy or not.
11. To give its consent before granting autonomy by the university and in the event of granting autonomy, from time to time, the university shall ensure fulfilment of standards and quality education in the concerned autonomous institution. To ensure this, the institute can be inspected.
Therefore, despite no objection being given by the University, regarding the autonomy granted to your institution. In order to comply with the relevant provisions of the University Act, please inform the University about the status of compliance with the above mentioned norms regarding granting autonomy to the colleges affiliated to the Honorable Executive Council, so that further action can be taken accordingly in the matter.
Sincerely (Prof. Satyendra Singh) Registrar"
26. In response to the aforesaid letter of the University, the petitioner's institution sent a letter on 11.12.2023 to the Registrar of the University, wherein the reference of Regulation 6 of the UGC Regulations, 2023 was given and apart from this, the reference of other relevant 21 Regulations of the UGC Regulations, 2023 i.e. Regulation 4 was also given in this letter.
In this letter, the petitioner's institution by giving reference of Regulations 6 and 4 of UGC Regulations, 2023 submitted that the UGC Regulations, being part of the Central Act, is mandatory for all the Universities, be it Central, State or Deemed to be Universities.
It is also mentioned in the said letter that the petitioner's college being eligible, applied with the UGC for conferment of the autonomous status for making further progress in the field of education which is the essence of modern day education including the New Education Policy.
It is also mentioned in the letter that the UGC having found the petitioner's institution to be eligible, granted autonomous status and requested the University to issue necessary notification which is the mandate of the UGC Regulations, 2023. By this letter, the Director of the petitioner's institution requested again the University to issue necessary notification.
27. Thereafter, another letter dated 15.12.2023 (Annexure-17) was sent to the Secretary, Higher Education, requesting them to nominate the members for 22 the Governing Body in consonance with the UGC Regulations, 2023, as well as in the light of the letter of UGC dated 13.11.2023, which pertains to grant of autonomous status to the petitioner's institution.
28. Similarly, the letter was also sent to the Registrar of the University, requesting them to nominate the members for the Governing Body and the Academic Council in consonance with the UGC Regulations, 2023 and also in light of the letter dated 13.11.2023 of the UGC. Both the letters dated 15.12.2023 are also placed on record as Annexure-16 and 17.
29. Learned counsel for the petitioner submits that despite the request made by the petitioner's institution by letter dated 11.12.2023, followed by another letter dated 15.12.2023, the respondent University have not issued the necessary notification as required under UGC Regulations, 2023, despite the letter issued by the UGC on 13.11.2023 and it appears to be a great inaction on the part of the University and such an action of the University is in complete violation of the instructions issued by the UGC which are in conformity with the UGC Regulations, 2023, and are binding upon the University. 23
30. Learned counsel for the petitioner further submits that the eligibility for the purpose of grant of autonomous status is mentioned in the UGC Regulations, 2023 and such eligibility is only meant for grant of autonomous status and the power to determine the eligibility for grant of autonomous status is vested upon the UGC and not to the University. In support of his argument, he further submitted that for the purpose of grant of autonomous status, the power vests with the UGC and since the power vests with the UGC, therefore, the UGC is the only competent authority to determine the eligibility of an institution/college for grant of autonomous status.
31. Learned counsel for the petitioner's institution further submits that the subject "Education" is mentioned in the Concurrent List (List III) of 7th Schedule of the Constitution of India and therefore, if there is any conflict between the State Legislation and the Central Legislation, Central Legislation shall prevail by applying the Rule/Principle of repugnancy, as mentioned in Article 254 of the Constitution of India.
32. Learned counsel for the petitioner's institution further submits that as per Regulation 6 of the UGC Regulations, 2023, which pertains to the eligibility and particularly sub-clause 6.3, since the petitioner's 24 institution is accredited by NAAC and as such, the petitioner's institution is eligible to get the status of autonomous institution. He further submits that once the UGC, after completing the procedure, issued directions to the University to issue necessary notification within 30 days regarding grant of autonomous status as per the UGC Regulations, 2023, then the University has no business to sit over the recommendation made by UGC and once the direction has been issued, the University is under legal obligation to issue Notification as per Regulation 4.2.
33. When this matter was taken up on 04.01.2024, learned counsel for the petitioner placed reliance on the judgment of the Madras High Court rendered in the case of The Anna University vs. Mahendra Institute of Technology and another, 2020 SC OnLine Mad 27850 and by placing reliance on the said judgment, he refers paragraphs-13 & 14 of the said judgment, which are being reproduced herein as below:-
"13. He further submits that even otherwise the University Grants Commission is under no obligation in law to be bound by the orders passed by the University, inasmuch as the University Grants Commission has been given the authority under the 2018 Regulations to undertake this exercise itself and then grant or refuse the autonomous status to an affiliated College.25
The 2018 Regulations are not subservient to any other law time being in force and consequently, by operation of law, the University Grants Commission is the sole body now empowered to take a final decision with regard to the grant of autonomous status after getting an opinion of the University and the State Government, if any. The contention therefore is that any resolution of the Syndicate has absolutely no legal sanctity and even if it has some persuasive value, the same is not binding on the University Grants Commission.
14. In the said background, we are of the opinion that the 2018 Regulations framed by the University Grants Commission in exercise of the powers conferred under Section 12(f), (g), (j) read with Section 26(1) of the University Grants Commission Act, 1956 govern the field, inasmuch as the same is clearly saved as being a Regulation duly authorised having its source in Entry 66 of List I of the Constitution of India. There is no law for the time being relating to the Regulation of grant of autonomous Colleges running contrary to the same either framed under Entry 66 of List I or Entry 25 of List III. In the absence of any such legislation to the contrary, we are of the clear opinion that the 2018 Regulations clearly hold the field exclusively in the matters of grant of autonomous status to affiliated Colleges. The resolution of the Syndicate dated 27.5.2014 cannot in any way be said to have an overriding effect or even supplementary effect to the 2018 Regulations, inasmuch as the method of grant of an autonomous status is clearly defined under the 2018 Regulations and the eligibility to obtain such status is also governed by the same."
34. Another judgment, which has been placed reliance upon by the learned counsel for the petitioner, 26 is the judgment rendered by the Hon'ble Supreme Court in the case of Sreejith P.S. vs. Rajasree M. S. and others, MANU/ SC/ 1381/ 2022 and by placing reliance on the said judgment, the petitioner referred Paragraph-8 of the said judgment, which is being reproduced herein below:-
"8. Identical question came to be considered by this Court in the case of Gambhirdan K. Gadhvi (supra) and Kalyani Mathivanan (supra). Now, the issue whether the UGC Regulations shall prevail vis-à-vis the State legislation/State Act, identical question came to be considered by this Court in the recent decision of this Court in the case of Gambhirdan K. Gadhvi (supra). While considering the appointment of the Vice Chancellor in the Sardar Patel University, Gujarat, it is specifically observed and held by this Court that the appointment of Vice Chancellor cannot be made dehors the applicable UGC Regulations, even if the State Act concerned prescribes diluted eligibility criteria, vis-à-vis the criteria prescribed in the applicable UGC Regulations. It is further observed and held by this Court in the aforesaid decision that the State Act if not on a par with the UGC Regulations, must be amended to bring it on a par with the applicable UGC Regulations and until then it is the applicable UGC Regulations that shall prevail. It is further observed and held that being a subordinate legislation, UGC Regulations become part of the Act. It is further observed and held that in case of any conflict between the State legislation and the Central legislation, the Central legislation, i.e., the applicable UGC Regulations shall prevail by applying the principle of repugnancy under Article 254 of the Constitution as the subject "education" is 27 contained in the Concurrent List of Schedule VII of the Constitution. The observations made in relevant paras are as under:-
"20. Now the next question which is posed for consideration of this Court is, whether, the appointment of Respondent 4 as a Vice Chancellor of the SP University-- Respondent 2 herein can be said to be contrary to any statutory provisions and whether, can it be said that Respondent 4 fulfils the eligibility criteria for the post of Vice-Chancellor.
20.1. While examining the aforesaid issues the relevant provisions of the UGC Regulations, 2010 enacted in exercise of powers conferred under clauses (e) and (g) of sub-section (1) of Section 26 of the University Grants Commission Act, 1956 and the relevant provisions of the SPU Act, 1955, are required to be referred to.
20.2. The UGC Act, 1956 was enacted to make provision for the coordination and determination of standards in universities and for that purpose, to establish a University Grants Commission. Section 12 deals with "Functions of the Commission", while Section 14 speaks of "Consequences of failure of universities to comply with recommendations 10 of the Commission".
Section 26 deals with "Power to make regulations". As per Section 28 the rules and regulations framed under the UGC Act are required to be laid before each House of Parliament and when both the Houses agree then rules and regulations can be given effect with such modification as may be made by Parliament. Therefore, any regulation enacted in exercise of powers under Section 26 can be said to be subordinate legislation.
20.3. For the appointment and career advancement of teachers in the universities and institutions affiliated to it, UGC by Regulation dated 4-4-2000, enacted the University Grants Commission (Minimum 28 Qualifications Required for the Appointment and Career Advancement of Teachers in Universities and Institutions Affiliated to it) Regulations, 2000. However, in the said Regulation of 2000, no qualifications were prescribed for the post of "Pro-Chancellor" or "Vice-Chancellor".
21. Thereafter, the Government of India, Ministry of Human Resource Development Department of Higher Education, New Delhi by Letter No. 1-32/2006-U.II/U.I(i) dated 31- 12-2008 communicated to the Secretary, University Grants Commission, New Delhi the Scheme of revision of pay of teachers and equivalent cadres in universities and colleges following the revision of pay scales of the Central Government employees on the recommendations of the 6th Central Pay Commission.
22. By the said letter, the Government of India directed that there shall be only three designations in respect of teachers in the universities and colleges, namely, Assistant Professors, Associate Professors and Professors. In the said letter revised pay scales, service conditions and Career Advancement Scheme for teachers and equivalent positions including the post of Assistant Professors / Associate Professors / Professors in universities and colleges were 11 intimated. Pay scales of Pro Vice-
Chancellor / Vice-Chancellor were also mentioned therein. It was intimated that the said Scheme may be extended to the universities, colleges and other higher educational institutions coming under the purview of the State Legislature, provided the State Governments wish to adopt and implement the Scheme subject to the terms and conditions mentioned therein.
23. In view of the aforesaid Letter No. 1- 32/2006- U.II/U.I(i), dated 31-12-2008 issued by the Government of India and in exercise of the powers conferred under 29 clauses (e) and (g) of sub-section (1) of Section 26 of the UGC Act, 1956, UGC enacted the Regulations, 2010 in supersession of the UGC Regulations, 2000. It was published in the Gazette of India on 28- 6-2010 and came into force with immediate effect.
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25. Regulation 7.4.0 mandates that the universities /State Governments shall modify or amend the relevant Acts/Statutes of the universities concerned within six months of adoption of these Regulations.
26. Thus, UGC Regulations, 2010, inter alia, prescribe in Regulation 7.3.0 that a person shall have ten years of teaching work experience as a Professor in a university system. It also provides for constitution of a Search Committee consisting of a nominee of the Visitor/Chancellor, a nominee of the Chairman of the UGC, a nominee of the Syndicate/Executive Council of the University and the Search Committee has to recommend the names of the successful candidates.
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50. It cannot be disputed that the UGC Regulations are enacted by the UGC in exercise of powers under Sections 26(1)(e) and 26(1)(g) of the UGC Act, 1956. Even as per the UGC Act every rule and regulation made under the said Act, shall be laid before each House of Parliament. Therefore, being a subordinate legislation, UGC Regulations 12 becomes part of the Act. In case of any conflict between the State legislation and the Central legislation, Central legislation shall prevail by applying the rule/principle of repugnancy as enunciated in Article 254 of the Constitution as the subject "education" is in the Concurrent List (List III) of the Seventh Schedule to the Constitution. Therefore, any appointment as a Vice- Chancellor contrary to the provisions of the UGC Regulations can be 30 said to be in violation of the statutory provisions, warranting a writ of quo warranto."
35. Another judgment, which has been placed reliance upon by the learned counsel for the petitioner, is the judgment passed by the Madras High Court in the case of New Prince Shri Bhavani College of Engineering and Technology vs. University Grants Commission and others (Writ Petition No. 10787 of 2023 and WMP No. 10731 of 2023, decided on 06.04.2023), wherein one of the issue pertains to grant of autonomous status to the Institute and the said issue was dealt with and subsequently in Paragraphs 13, 14 and 15 of the said judgment, conclusion has been drawn, which are being reproduced herein below:-
"13. The reasons assigned for not forwarding the petitioner's application to UGC is that the petitioner has not satisfied 'students enrollment' and 'h index' as prescribed in the 2018 Anna University Guidelines. This is apparent from a comparison of the 2018 Anna University Guidelines, 4 and 6 with Serial Nos. 3 and 7 in the tabular column extracted 13 above. The 2018 guidelines have been extracted at paragraph 4 above.
14. Thus, despite the judgment of the Hon'ble Supreme Court, it is its own Regulations that Anna University insists upon, and this cannot be countenanced. It is this act of the University that has resulted in so many instances where institutions have had to approach this Court time and again merely to seek and obtain mandamus to the effect that 31 UGC must consider its application 'uninfluenced by the non-forwarding of the application by Anna University'. Even before me, the stand of all parties, including learned counsel for the University, is that such orders are routinely sought and granted.
15. For the above reasons, Anna University is put to terms and shall pay a sum of Rs. 1,00,000/- (Rupees one lakh only) to the Cancer Institute, Adyar, Chennai-600 020 within a period of two weeks from the date of receipt of a copy of this order. As far as the relief sought for in this writ petition is concerned, mandamus is issued to R1 to consider application dated 09.03.2023 on its own merits and in accordance with its Regulations and pass orders within a period of six (6) weeks from date of receipt of a copy of this order."
36. After hearing at length and further after taking into consideration the judgment as relied upon by the learned counsel for the petitioner, this Court, on 04.01.2024 observed that the University has no business to sit over on the recommendation made by the UGC for the purposes of grant of autonomous status to the petitioner's institution and directed the matter to be listed on 09.01.2024 and the Registrar of the University was also directed to appear through V.C. for giving his assistance in the matter.
37. On 09.01.2024, Mrs. Anajali Bhargava, learned counsel for respondent No. 4/UGC submits that the letter 32 issued by the UGC on 13.11.2023 is binding upon the University, therefore, the University is bound to issue Notification with regard to grant of autonomous status to the petitioner's college within 30 days as per Regulation 4.2 of the UGC Regulations, 2023 which the University has not done. The relevant extract of the order passed by this Court on 09.01.2024 is being reproduced as under:-
"5. Learned counsel for the respondent no. 4/UGC submits that the letter issued by the UGC dated 13.11.2023 is binding on the University, therefore, the University is bound to issue notification with regard to grant of autonomous status to the petitioner college within 30 days, as per Regulation 4.2 of the Regulations, which the University has not done."
38. As it appears from the statement as given on behalf of UGC on 09.01.2024 to this Court, the stand of the UGC is also very clear that the instructions issued by the UGC with regard to grant of autonomous status are binding upon the University and the University is bound to issue the Notification within 30 days as per the mandate of Regulation 4.2 of UGC Regulations, 2023.
39. At this juncture, one more important aspect is required to be considered here that for grant of autonomous status, the UGC Regulations, 2023 which contains the complete procedure for grant of autonomous 33 status governs the field, therefore, for all purposes, particularly for the purpose of grant of autonomous status, whatever be the eligibility has been determined by the UGC i.e. binding upon the University, and the eligibility prescribed in the statutes and the Regulation of the University have nothing to do with the grant of autonomous status and the power grant of Autonomous Status is completely vest with the UGC and that is the reason that the UGC come up with stand that the University is bound to issue the Notification as per the mandate of Regulation 4.2 of the UGC Regulations, 2023.
40. The matter was again heard on 11.01.2024 and on that day, the learned counsel for the petitioner placed before this Court one of the letter of the University Grants Commission dated 10.01.2024, an advance copy of which was already supplied to the learned counsel for the respondent/University wherein the general directions have been issued to the Vice Chancellors of all the Universities. The reference of the said letter was given in the order passed on 01.11.2024; however, the said letter is further being reproduced herein as under:- 34
41. The learned counsel for the University/respondent No. 1 placed reliance on two judgments. One is in the case of Jaiveer Singh Vs. State of Uttarakhand, 2023 SCC OnLine SC 1584 and another is in the case of S. 35 Satuyapal Reddy Vs. Government of A.P. (1994) 4 SCC 391.
42. The issue as involved in both the judgments are completely on different footings. In the case of S. Satuyapal Reddy (supra) the matter pertains to the appointment and the issue was in respect of the qualification. Here, in the present case, the issue is with regard to grant of autonomous status and which is governed by the UGC Regulations, 2023, therefore, the said judgment is not at all applicable to the issue involved in the present petition. Similarly, the another judgment i.e. Jaiveer Singh (supra), is also on a different context which pertains to the qualifications for appointment.
43. The stand as taken by the learned counsel for the respondent/University by placing reliance on these two judgments are on a different context and pertains to recruitment/appointment, whereas the present case is on a different issue i.e. for the grant of autonomous status to an Institution, as per UGC Regulations, 2023.
44. In the preceding paragraph, a reference has been made of the preamble of the UGC Regulations, 2023 which was notified by Notification dated 03.04.2023 and 36 as per the preamble, since there is a need to promote the autonomy of the colleges so as to enhance the quality of higher education in the country, the UGC Regulations, 2023 were framed which is specifically meant for grant of autonomous status to the Institutions. Therefore, the aims, object and the purpose of this Notification is very clear and the said UGC Regulations, 2023 is governed with regard to grant of autonomous status to the Institutions. On 11.01.2024, this Court passed an interim order in favour of the petitioners' institution and directed the University to issue a provisional notification in respect of the grant of autonomous status to the petitioner's institution in compliance to the directions issued by UGC vide its letter dated 13.11.2023.
45. There was a reason for issuing directions for grant of provisional notification by order dated 11.01.2024 and the reason was that there was a condition precedent in the letter dated 13.11.2023 which is in fact in conformity with Regulation 13.1 of the Regulations, 2023 which pertains to the consequences of violation of Regulations 13.1 and it provides that the Autonomous Colleges shall at all times adhere to UGC Regulations and Guidelines made and issued by the Commission from time to time, failing which UGC may take appropriate action against 37 the defaulting Autonomous College including revoking of autonomous status. The said Regulation is being reproduced hereunder:-
"13. CONSEQUENCES OF VIOLATION OF REGULATIONS 13.1 The Autonomous Colleges shall at all times adhere to UGC Regulations and Guidelines made and issued by the Commission from time to time, failing which UGC may take appropriate action against the defaulting Autonomous College including revoking of autonomous status."
46. By giving reference of Regulation 13.1 of UGC Regulations, 2023, another reason for grant of provisional notification was the instructions as mentioned in the letter of the UGC dated 13.11.2023 which provides as under:-
"(i) The College is advised to go for the required NAAC/NBA accreditation at least six months before the expiry of current validity and obtain the grading NAAC/NBA as per the UGC (Conferment of Autonomous Status Upon Colleges and Measures for Maintenance of Standards in Autonomous Colleges) Regulations, 2023 and intimate the Same to UGC to revisit the above decision, if required.
(ii) The College / Institute is advised to submit a report regarding Examination Cell and constitution of Statutory Bodies as required under Clauses 11 and 12 of the UGC (Conferment of Autonomous Status Upon Colleges and Measures for Maintenance of Standards in Autonomous Colleges) Regulations, 2023 to ensure proper management of academic, financial and general administrative affairs. Non compliance of the above shall attract action as per Clause-13 of the UGC Regulations-
2023.
(iii) The College / Institute is advised to take necessary steps for implementation of NEP 2020 and intimate the UGC."
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47. The order passed by this Court on 11.01.2024 was assailed by the respondent/ University by filing a Special Appeal, bearing SPA No. 22 of 2024 and the same was admitted by the vacation Bench and the order dated 11.01.2024 was stayed. Subsequently, the said Special Appeal was disposed of finally on 26.02.2024 and the direction issued by the order dated 11.01.2024 with regard to issuance of provisional notification was set aside and the writ Court was directed to decide the writ petition at an early date. Thereafter, the matter was nominated to this Bench and the matter was heard at length on 22.03.2024.
48. On 22.03.2024, the learned counsel for the petitioner pointed out the statement, as given by the University in its counter affidavit in para 2.28 and 3.18 and the same are being reproduced herein as below:-
"2.28 On 10.01.2024, the University wrote to the UGC asking it to review grant of autonomy in absence of essential conditions of 7.2 of the UGC Regulations 2023 having been complied with in as much as the University was not granted online access and no written postal communication was being taken cognizance of by the UGC.
It was pointed out by the University to the UGC that the College did not meet the essential conditions of eligibility laid down by the Executive Council of the University and thus, the Autonomy cannot be granted to such a college.39
3.15 Review pending with the UGC. The University has written to the UGC asking it to review grant of autonomy in the absence of essential condition of 7.2 of the UGC Regulations 2023 having been complied with inasmuch as the University was not granted online access and no written postal communication was being taken cognizance of by the UGC. It was pointed out that the College did not meet the essential conditions of eligibility laid down by the Executive Council of the University and thus, the Autonomy cannot be granted to such a college. The review request is present pending with the UGC. In the circumstances no order directing notification of the autonomy status ought to be directed which renders the request of the University to become infructuous or present a fait accompli."
49. By giving reference to the aforesaid two paragraphs of counter affidavit, learned counsel for the petitioner submitted that as per the stand as taken by the respondent/University in the counter affidavit, a Review Application was preferred by the University before the UGC for reviewing the decision with regard to grant of autonomous status to the petitioner's institution and the same was pending for consideration.
50. Learned counsel for the petitioner by giving reference of these paragraphs and further by giving reference that the review was filed by the University, placed before this Court another letter of the UGC dated 28.02.2024, an advance copy of which is given to the learned counsel for the University. For ready reference, 40 the said letter dated 28.02.2024 is being reproduced as under:-
"To, The Registrar, Veer Madho Singh Bhandari Uttarakhand Technical University Chandanwadi, Prem Nagar, Sudhowala, Dehradun, Uttarakhand - 248007 Ref: Your Letter Ref. No.: 3684/VMSBUTU/2024 dated 10/01/2024.
Sub: Conferment of Autonomous Status to Shivalik College of Engineer Sihniwala, Shimla Bypass Road, Dehradun-248197 affiliated to Veer Madho Singh Bhandari Uttarakhand Technical University, Dehradun.
Sir, This has reference to your letter dated 10-01- 2024 on the above subject. A college seeking autonomous status is required to apply on the portal www.aucollege.ugc.ac.in. As soon as the application is duly submitted college on the portal, system generated email is sent to the affiliating University to provide its comments on the portal.
It is understood that in the instant case the college also informed the university about its application for Autonomy vide its letter dated 28.08.2023. The UGC, however, did not receive any comment from the University reference to the college's letter dated 28.08.2023.
If the University had any objections/comments about the college as mentioned in your letter, the University should have communicated the same the UGC in advance.
The Application for conferment of autonomous status was considered by the Standing Committee on Autonomous Colleges in its 66th meeting held on 22nd and 23rd October 2023 and recommended for conferment of autonomous status upon the college for 41 a period of ten years, as per clause 7.5 of the UGC (Conferment Autonomous Status Upon Colleges and Measures for Maintenance of Standards in Autonomous Colleges) Regulations, 2023.
The recommendation made by the Standing Committee was approved by the Commission in its meeting held on 3rd November 2023.
In view of the above, you are requested to issue necessary notification under clause 4.2 of the UGC (Conferment of Autonomous Status Upon Colleges and Measures for Maintenance of Standards in Autonomous Colleges) Regulations, 2023, as per this office letter of even no. dated on 13th November 2023.
A copy of the notification may please be sent to the UGC.
Yours Sincerely (Dr. Gopi Chand Merugu) Deputy Secretary"
51. Learned counsel for the petitioner on 22.03.2024, by placing on record the said letter dated 28.02.2024 of the UGC, submitted that since the sole stand of the University in the counter affidavit was that the review has been preferred before the UGC, which is pending for consideration and now, since by this letter dated 28.02.2024, the Review Application has been rejected with a direction to the University to issue the necessary Notification as per clause 4.2 of the UGC Regulations, 2023 as communicated earlier by letter dated 13.11.2023, the University is bound to issue the Notification.
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52. It is very strange that when this matter was heard on 22.03.2024, the letter issued by the UGC was placed before this Court by the learned counsel for the petitioner, which pertains to the rejection of the Review, filed by the University. Mr. Jatinder Sethi, learned counsel for the University submitted that he is not aware about this letter though his assisting counsel Ms. Poonam was having the copy of the said letter; however, he submitted that he wants to verify the said letter as the same is not with him since he is appearing through V.C. On his request, the matter was posted for another date and simultaneously, the Registrar of the University was also directed to file his personal affidavit by giving statement, on which date the letter dated 28.02.2024 was received by him and what action has been taken thereafter.
53. In compliance of order dated 22.03.2024, a compliance affidavit has been filed by the Registrar of the University, which was sworn on 01.04.2024. Paragraphs 2, 3 and 4 of the compliance affidavit are being extracted herein as below:
"2. In answer to the query raised by this Hon'ble Court in the said order dated 22.3.2024, I submit that vide letter dated 10.1.2024 the University wrote to the University Grants Commission (hereinafter "UGC"
for brevity) pointing out that the University had 43 refused to recommend the proposal of Shivalik College of Engineering (hereinafter "College" for brevity) for grant of approval of autonomy vide its letter dated 5.9.2023 and vide University's letter dated 6.9.2023 the UGC had been apprised that in violation of Regulation 7.2 of the Conferment of Autonomy Regulations 2023, the University was denied access to the UGC portal to enable the University to place the same on the portal. Notwithstanding the above, the UGC on 3.11.2023 had decided to approve the proposal of the College for grant of autonomy status and communicated the same to the University vide letter dated 13.11.2023. It was further pointed out that vide letter dated 21.11.2023 addressed to the College with copy to the UGC, the college was asked to furnish its response thereto however the college did not respond to the same. The UGC was therefore requested to reconsider its decision to recommend the proposal of the College for grant of Autonomy status.
Annexed hereto and marked as Annexure No. A
- 1 is a copy of the letter of the University to the UGC dated 10.1.2024.
3. I say that on 01.03.24, the University received a letter dated 28.2.2024 from the Deputy Secretary of the UGC wherein the commission completely avoided to answer the question as to why in violation of Regulation 7.2 of the Conferment of Autonomy Regulations 2023, the University was not provided access to the UGC portal to enable the University to place its refusal of the proposal of the college on the portal. Thus, without even applying its mind much less meeting the relevant contention, the UGC mechanically reiterated its request of 13.11.2023 to the University to issue notification under Regulation 4.2 of the Regulations of 2023.
Annexed hereto and marked as Annexure No. A- 2 is a copy of the letter of the UGC dated 28.2.2024 of the UGC.
4. I say that on receipt of this letter, the same was put up before the Hon'ble Vice Chancellor of the University, who directed the deponent to obtain legal advice from Shri Shailendra Nauriyal, Counsel for the University handling the present matter. Pursuant thereto a copy the subject letter dated 28.2.2024 was sent to the office of Shri Shailendra Nauriyal, 44 Advocate. The deponent also spoke to him on phone and requested him to give his valuable advice on the subject."
54. It is also contended in this compliance affidavit that after seeking legal opinion from his counsel, the University preferred a petition challenging the UGC letter 13.11.2024 and letter dated 28.02.2024 and since 27.03.2024 and 28.03.2024 were holiday, so the respondent University filed the petition on 01.04.2024, in which it was submitted in the affidavit that since the University filed a petition, therefore, this matter may be heard along with the said petition.
55. A short affidavit was filed by the Registrar on 02.04.2024 in response to the query of this Court on 01.04.2024 that how many colleges have been affiliated with the University, in which the courses / programmes have been accredited by the National Board of Accreditation in order to assess the qualitative competence of programmes. On this query, it is pointed out in the affidavit that at present, only G.B. Pant Institute of Engineering and Technology, Pauri Garhwal, (autonomous) offers NBA Accredited Programmes namely Mechanical Engineering, Electronic and Communication Engineering, Electrical Engineering and Computer Science and Engineering. It is also contended that in the 45 academic year 2012-13, on the basis of NBA accreditation, the Institution has been conferred autonomous status in accordance to the regulation of UGC, and thereafter, no autonomous status has been conferred to any other technical institution for want of NBA Certificate for any course / programs. It is further submitted that till date, the University has not notified any institution with an autonomous status on the recommendation of the UGC issued in accordance with UGC Regulations, 2023.
56. Learned counsel for the petitioner submits that UGC Regulations, 2023 is meant for prescribing higher eligible condition for the purpose of grant of autonomous status to an Institution. He further submits that Article 254 of the Constitution of India is not attracted as there is no conflict between two eligible conditions prescribed by the University under its statute and regulations and the guidelines framed on 05.10.2023 and the UGC Regulations, 2023, which is meant for giving autonomous status to an Institution.
57. Learned counsel for the petitioner submitted that the judgments as relied upon by the learned counsel for the University i.e. in the case of S. Satuyapal Reddy (supra) and Jaiveer Singh (supra) are not applicable. 46
58. Apart from this, learned counsel for the petitioner submitted that the Parliament in exercise of powers conferred under Article 246 (1), Entry 66 of List 1- Union List of Constitution of India enacted the University Grants Commission Act, 1956 to establish University Grant Commission/R-4 as a statutory body of the Government of India for the coordination, determination, and maintenance of standards of university education in India. Chapter III of the Act deals with the powers and functions of the Commission. Section 12 (j) of UGC Act bestows upon UGC the functions for advancing the cause of higher education in India. It is submitted that UGC has the power to make regulations in terms of section 28 of UGC Act (Chapter-IV-Miscellaneous). The procedure as mandated in section 28 has been followed for framing the University Grants Commission (Conferment of Autonomous Status upon Colleges and measures for maintenance of standards in autonomous colleges) Regulations, 2023 and as such the same have an overriding effect as per Article 254 of the Constitution of India.
Learned counsel for the petitioner submits his arguments on two folds:-
47
(i) That the issue of grant of autonomous status to an institution by the UGC is relatable to List-I (Union List) of the Constitution of India and the same does not fall under List-II (State List) or List-
III (Concurrent List), therefore, the Union alone is having the exclusive power to legislate on the subject of furthering higher education, consequently, the UGC Act, 1956 was enacted and the UGC, in exercise of its powers conferred by clause (j) of Section 12 read with clauses (f) and
(g) of sub-Section (1) of Section 26 of the UGC Act, 1956, framed the Regulations of 2023, which empowers the UGC to grant autonomous status. Therefore, he submits that the stand of University is totally misconceived and untenable.
(ii) He further submits that if it is presumed for the sake of arguments, though not admitting that the grant of autonomy comes within List-III (concurrent list) even then, by virtue of Article 254 of the Constitution of India, in case of any repugnancy, the law made by the Union would prevail against the law made by the State.
59. On these aspects, he submits that the stand of the University cannot be accepted at all and has absolutely 48 no legal sanctity and even if it has some persuasive value, the same is not binding on the University Grants Commission. Apart from this, the stand as taken by the University cannot be accepted, particularly, when UGC Regulations, 2023 governs the field with regard to grant of autonomous status and there is a complete procedure and not only this, it also contains the provision with regard to the eligibility as well as the role of the parent University.
60. It is very strange that the University is refusing to grant NOC on one of the ground that the petitioner's institution is not having NBA Accreditation whereas the petitioner's institution is having a NAAC Accreditation which is one of the eligibility criteria as per Regulation 6.3 and asking the institution by the University to fulfil both, appears to be wholly unwarranted and is contrary to UGC Regulations of 2023.
61. Learned counsel for the petitioner further submits that the preamble of the UGC Regulations, 2023 are relevant to understanding the import and objective behind the enactment of regulations. The preamble states that "there is a need to promote the autonomy of colleges so as to enhance the quality of higher education 49 in the country. The regulations framed are to provide a uniform criteria for grant of autonomy to colleges/institutions all over the country.
62. The contention of the University/Respondent no.1 that the regulations prescribe "minimum" criteria/standards are belied from the preamble as there is no reference to the word "minimum" in the regulations and the standards so prescribed to get autonomous status cannot be assumed to be 'minimum" and on the contrary the word used in the preamble is "enhance the quality of higher education" so the objective of the UGC Regulations, 2023 is enhancement of quality of higher education in the country. The decision of the executive council dated 05.10.2023 setting out a policy for grant of no-objection to Colleges/Institutions by the University is not a Regulation formulated under the University Act as per Section 30 of The Veer Madho Singh Bhandari Uttarakhand Technical University Act, 2005. In the absence of any enactment to the contrary the UGC Regulations, 2023 govern the field as far as grant of autonomous status is concerned. The primacy of Regulations formulated by UGC as far as granting of autonomous status is concerned has been upheld by the Madras High Court in the case of Anna University vs. 50 Mahendra Institute of Technology (2020 SCC OnLine Mad 27850).
63. Mrs. Anjali Bhargava, learned counsel for the UGC submits that the UGC in its meeting held on 03.11.2023 has approved the recommendation of the Standing Committee on Autonomous Colleges to confer the autonomous status to Shivalik College of Engineering, the petitioner for the academic year 2024-2025 to 2033- 2034 as per clause 7.5 of the UGC Regulations, 2023.
She further submits that after the grant of autonomous status, the University was directed to issue necessary notification within 30 days as per UGC Regulations, 2023.
She further submits that the University should abide by the instructions issued by the UGC by letter dated 13.11.2023 and non compliance of the instructions issued by the UGC required action as per clause 13 of UGC Regulations, 2023.
She further submits that by letter dated 10.01.2024, the UGC has informed to all the universities with regard to implementation of the UGC Regulations, 2023, i.e. University Grants Commission (Conferment of Autonomous Status upon Colleges and Measures for 51 Maintenance of Standards in Autonomous Colleges) Regulations, 2023.
She further submits that the University is under legal obligation to implement the instructions issued by the UGC by letter dated 13.11.2023 by issuing the notification for grant of autonomous status to the petitioner's institution. Apart from this, it is also submitted by the learned counsel for the UGC that the Parliament in exercise of power under Article 246 (1), Entry 66 of List I-Union List of Constitution of India enacted the University Grants Commission Act, 1956 to establish University Grant Commission/R-4 as a statutory body of the Government of India for the coordination, determination, and maintenance of standards of university education in India. The UGC Act, 1956 was enacted by the Parliament under the provisions of Entry 66 List I of the Seventh Schedule of the Constitution, which entitles it to legislate in respect of "co-ordination and determination of standards in Institutions for higher education or research and scientific and technical education". For the said purpose, the Act authorized the Central Government to establish a commission, by name, the University Grants Commission. Chapter III of the Act deals with the powers and functions of the Commission. 52 Section 12 states that it shall be the general duty of the Commission to take, in consultation with the Universities or other bodies concerned, all such steps as it may think fit for the promotion and co-ordination of University for determination and maintenance of standards of teaching, examination and research in Universities, and for the purpose of performing its functions under the Act, the Commission has been bestowed with certain powers under the Act. The UGC Act was legislated for coordination and determination of standards of higher education in India with commandment to the UGC to take such steps as may be necessary for promotion and coordination of higher education in universities and institutions. The UGC, therefore, fixes and ensures maintenance of standards in teaching, examination and research in higher education. To fix and enforce these standards, the UGC has framed Rules and regulations, and issues guidelines under the UGC Act. In exercise of the power vested in UGC, it has enacted University Grants Commission (Conferment of Autonomous Status Upon Colleges and Measures for Maintenance of Standards in Autonomous Colleges) Regulations, 2023. The preamble of the UGC Regulations, 2023 are relevant to understanding the import and objective behind the enactment of regulations.
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64. Mr. Jatinder Sethi, learned counsel for the University submits that grant of degree is the prerogative of the University under Section 22 of the UGC Act 1956 read with S.6 (c) & (d) of the Uttarakhand Technical Education Act 2005 and within its power to fix necessary qualifications for grant of such degree to a student and prescribes duties and privileges available to colleges in which such students study. While the University lays down conditions for affiliation & grants privileges to affiliated colleges to teach students as per curriculum fixed and examinations held by the university, Autonomy as defined in Section 2(c) of the UTU Act 2005 is an extended privilege which the University alone is empowered to award to an affiliated college under Section 42 of the UP State Universities Act 1973 (as applicable to Uttarakhand) in terms of allowing such college to fix its own curriculum and hold own exams etc, but degree in both cases continues to be granted by the University only to students who meet necessary qualifications fixed by the University.
He further submits that UGC's mandate under the UGC Act 1956 is to determine standards in Universities and can frame regulations only defining the minimum 54 standards of instruction for the grant of any degree by any University. Thus a University, for grant of its degree can fix standards which are equal to or more/higher as defined by the UGC but not less/lower. Article 254 of the Constitution ensures this. The UGC thus cannot force the University to grant degree to a student who while meeting the minimum prescribed by the UGC but does not meet higher/added qualifications fixed by the University.
He further submits that the UGC Act nowhere empowers the UGC to frame regulations either granting autonomy itself or even recommending grant of autonomy by the University to a college. To this extent the UGC Regulations 2023 travel beyond the scope of the enabling UGC Act and are ultra vires, inconsistent and repugnant thereto.
He further submits that assuming for the sake of argument without admitting the same that the UGC Act could only empower the UGC to at least recommend to the University, autonomy for a college, the UGC cannot use such recommendation, in the absence of any power to bind the University, to grant autonomy to a college, who may be meeting minimum standards of instruction set by the UGC but does not meet higher/added standard 55 of instruction fixed by the University under Section 42 of the State Universities Act of 1973 for grant of autonomy.
He further submits that assuming for the sake of argument, again without admitting the same, that the UGC Regulations 2023 are a valid piece of subordinate legislation, the Regulations of 2023 themselves provide for a two step mechanism to weed out applications of a college not meeting eligibility criteria of a parent University to which it is affiliated even though the college may meet the minimum eligibility set by the UGC. This is evident from the procedure set out in Regulation 7 where firstly a preliminary recommendation on the application of a college from the parent affiliating university is mandated, even before the proposal is considered by a standing committee which scrutinizes the application. Thus if a parent university refuses a recommendation of a college on the ground that it does not meet its eligibility conditions, the UGC is bound to reject the proposal as well. The second step is when the University for some reason fails to respond within 30 days, even after the proposal of the institution is approved by the UGC, it can only request the University to grant the autonomy. Since the actual grant of autonomy status is within the subjective satisfaction and domain of the parent affiliated University under the UTU Act & State 56 Universities Act, who on finding the institution not meeting its higher standard/criteria may refuse to notify autonomous status to an applicant.
He further submits that in the present case the Petitioner College does not meet the eligibility criteria set by the University for grant of Autonomy. While the UGC under Regulation 6.3 of the 2023 regulations prescribes NAAC or NBA accreditation as the minimum requirement for an institution to be eligible to apply for autonomy, the University has, inter-alia in exercise of power under Regulation 17.01 of the UTU First Regulation 2018 framed under Section 31(f) of the UTU Act 2005, vide Executive Council resolutions dated 2.9.2022 and 5.10.2023 exercising its powers under section 18(1)(d),
(e) & (m) of UTU Act 2005 and Section 42 of the State Universities Act of 1973, prescribed NAAC and NBA accreditation as the higher requirement to be eligible for autonomy along with certain other conditions.
He further submits that the UGC (Affiliation of Colleges by Universities) Regulations 2009 [vide Regulation 3.4.2] binds the College to comply with all the provisions of the Act, Statutes, ordinances, Rules and Regulations of the University. Accordingly if the Executive Council of the University prescribes higher conditions for 57 the conferment of degrees and other academic distinctions, and the qualifications for the same in terms of Section 30 and 31 of the UTU Act of 2005 read with Section 42 of the State Universities Act of 1973, the same are to be mandatorily complied with by the affiliated college. As long as the College remains affiliated with the University, it must meet the eligibility criteria to be able to apply for grant of autonomy status. Thus University Eligibility Conditions dated 2.9.2022 and 5.10.2023 are binding and operative on the College and the decision of the UGC taken on 3.11.2023 as communicated vide letter dated insofar as it is in violation of the University Eligibility Conditions is bad in law and un implementable.
He further submits that if Regulation 6.3 of the 2023 UGC Regulations is read to prescribe the only eligibility criteria for autonomy (as opposed to minimum eligibility), the same would be discriminatory and in violation of Article 14 of the Constitution. It is submitted that once the bench mark set by the University for grant of its degree in case of autonomous college is a higher standard than that prescribed by the UGC, colleges/graduates who meet the University standard would stand discriminated against with those who having lesser qualifications but falling within the same class of 58 colleges/students getting the same degree. The Regulations thus not only provide differential treatment to affiliated colleges but also to autonomous colleges (those granted autonomy by the University) within the same class.
He further submits that the UGC has violated its own Regulations while considering the application of the College seeking approval for grant of autonomous status. Reg. 7.2 of UGC Regulations 2023 stipulates that all recommendations/rejections of proposal of autonomy must be made only on the online portal of the UGC and that too within 30 days failing which it would be presumed that the University has no objection to the proposal. It is thus sine qua non for the provision to apply, the other accompanying requisite conditions i.e. the University must be provided online access, must also be fulfilled. The UGC failed to provide online access to the University despite its request sent by post/email on 6.9.2023. It is settled law that an obligation cannot be read in isolation but must be read with its accompanying entitlements. What one hand gives cannot be taken away by the other hand. Moreover an irregularity in procedure which takes away a statutory right renders it to become an illegality and void. The absence of access to UGC Portal is fatal for existence of the presumption. The UGC 59 Letter dated 13.11.2023 is bad in law and cannot be implemented.
He further submits that the letter issued by UGC dated 13.11.2023 has not been issued on merits but on a presumption that the University had no objection to grant of such status when the University had very categorically rejected the proposal on 5.9.2023 on the ground of ineligibility and informed the College of the same. The College was under obligation to notify the UGC of the rejection of its proposal by the University however it deliberately concealed this fact from the standing committee of the UGC and the Commission when it met on 3.11.2023 and in ignorance approved the proposal for grant of Autonomy status by the University to the college. The College cannot be allowed to take advantage of its own wrong. Thus the letter dated 13.11.2023 from the UGC is obtained by concealment, misrepresentation and fraud rendering it non-est, inoperative and void in law. The University remains under no duty to notify or grant autonomy status to the College based on a non-est approval.
He further submits that the University had written to the UGC asking it to review grant of autonomy in absence of essential conditions of 7.2 of the UGC 60 Regulations 2023 having been complied with in as much as the University was not granted online access and no written postal/email communication was being taken cognizance of by the UGC. It was pointed out that the College did not meet the essential conditions of eligibility laid down by the Executive Council of the University and thus the Autonomy cannot be granted to such a college. Vide letter dated 28.2.2024 the UGC has rejected the request mechanically hence it suffers the vice of non- application of mind to the stated grounds and hence the request contained therein to the University to notify the college as an autonomous college cannot be acceded to.
He further submits that the University is not a post office and notification is no ministerial function. The University remains a vanguard of interests of students and quality of education under University Regulations of 2018. The University has to apply its mind to proposed grant of autonomy status to the College by the University, prior and post approval of application by the UGC and it is only on the subjective satisfaction of the University that the college meets the eligibility criteria set by it that a notification granting autonomy can be issued. Since the College does not meet eligibility conditions prescribed by the University, the University has every 61 right to refuse notification of such conferment on an ineligible college.
He further submits that the time period of 30 days for notification of the Autonomy status in terms of Regulation 4.2 of the UGC Conferment Regulations 2023 expired on 13.12.2023 rendering the approval for grant of Autonomy certificate to have lapsed. The University cannot notify an expired approval for grant of autonomy status.
He further submits that it is the University who is to award degrees to students in its own name and its own eligibility criteria cannot be sought to be given a go by, that too by a college who relying merely on UGC regulations which are inconsistent and repugnant to the Parent UGC Act, obtains an approval from the UGC (who can only set minimum standards) for grant of autonomy by the University by a questionable method based on default presumption, when the University has specifically rejected its proposal on the ground of ineligibility of criteria duly fixed under Regulations framed under the UTU Act. It is even otherwise untenable to expect the University to notify the autonomy and violating its own set eligibility criteria, discriminate with other affiliated 62 institutions to whom the eligibility criteria applies equally across the board.
He further placed reliance on various judgments such as M. Karunanidhi Vs. Union of India, 1979(3) SCC 431; S. Styapal Reddy Vs. Govt. of A.P., 1994 (4) SCC 391; State of T.N. Vs. SV Bratheep, 2004 (4) SCC 513; UP Coop Cane Union Fed Vs. West UP Sugar Mills, 2004 (5) SCC 430; Visveswaraiah Tech University Vs. Krishnendu Halder, 2011 (4) SCC 606; TN Medical Officers Assn. Vs. UOI, 2021 (6) SCC 568; Jaiveer Singh Vs. State of Uttarakhand, 2023 SCC OnLine SC 1584; ADM (Rev) Delhi Admn Vs. Siri Ram, 2000 (5) SCC 451; Sukhdev Singh Vs. Bhagat Ram Sardar Singh, 1975 (1) SCC 421 and St. Johns Teachers Training Institute Vs. NCTE, 2003 (3) SCC 321.
65. After hearing learned counsel for the parties and after gone through the entire record and the judgments as relied upon by the learned counsel for the parties, this Court is of the view that the UGC Regulations, 2023 is meant for grant of autonomous status to the Institutions and once the Standing Committee took a decision for grant of autonomous status to the petitioner's Institution then the University is under legal obligation to issue 63 Notification. The procedure, as prescribed by the UGC for the grant of autonomous status is prescribed under UGC Regulations, 2023, is a complete procedure and so far as the issuance of notification is concerned, this is only a subsequent step and once the UGC grants autonomous status the University is bound to implement the recommendation of the UGC by issuing notification under Regulation 4.2 of UGC Regulation, 2023.
66. Here, in the present case, the UGC on the recommendation of the Standing Committee on autonomous colleges, took a decision for grant of autonomous status to the petitioner's institution and therefore by virtue of Regulation 4.2 of UGC Regulations, 2023, the University is bound to issue notification within 30 days, which in the present case, has not done. This appears to be inaction on the part of the University.
67. Further, the stands as taken by the University are also untenable particularly when the Regulations of 2023 holds the field exclusively in the matter of grant of autonomous status, as such, the refusal to issue notification despite the instructions issued by the UGC cannot sustain. The Regulations of 2023 contains the complete procedure for grant of autonomous status and also contains the provision for the eligibility and once the 64 recommendation of the Standing Committee on autonomous colleges to confer the autonomous status to the petitioner's institution was approved by the Commission in its meeting then the University is bound to issue the notification as per Regulation 4.2 of the UGC Regulations of 2023. Furthermore, the University Grants Commission (Conferment of Autonomous Status upon Colleges and Measures for Maintenance of Standards in Autonomous Colleges) Regulations, 2023 were framed with its aim and object since there is a need to promote the autonomy of colleges so as to enhance the quality of higher education in the country. Therefore, as per Regulation 4 University is under legal obligation to implement the recommendation made by the UGC.
68. Here, in the present case, the University should keep in mind the object behind framing the Regulations of 2023, but it appears that refusal to issue the Notification as per Regulation 4.2 of Regulations of 2023 is nothing but an attempt of the University to frustrate the aims and object of the Regulations of 2023. 69 It is very surprising that in the present case, despite the fact that the UGC approved the recommendations of Standing Committee on autonomous 65 colleges to confer the autonomous status to the petitioner's institution, the notification have not been issued by the University and not only this, even the request for recalling the earlier letter of the UGC dated 13.11.2023 was turned down by a subsequent letter of the UGC despite this up till date, the notification have not been issued. This appears to be a great inaction on the part of the University therefore, this Court have no hesitation to say that the manner in which the University is not issuing the notification for grant of autonomous status to the petitioner's institution in view of Regulation 4.2 of the Regulations, 2023 is wholly unwarranted and this is nothing but in complete violation of UGC Regulations of 2023.
70. The most important aspect of the matter is with regard to the eligibility, and the eligibility as prescribed under UGC Regulations, 2023 is either NAAC Accreditation or NBA Accreditation, meaning thereby only one such qualification is required for the purposes of grant of autonomous status.
71. Here, in the present case, the petitioner's institution is having one of the eligibility as per UGC Regulations, 2023, but refusing to give NOC on the ground that the 66 petitioner's institution is not having NBA accreditation, is completely in violation of Regulation 6.3 of the UGC Regulations, 2023. The reasons, as given for refusing NOC by the University, are wholly unwarranted and not acceptable.
72. Thus, in view of the observation as given above, the writ petition is allowed and a writ of mandamus is being issued to the University/ Respondent No. 1 to issue necessary notification, notifying the petitioner's institution/colleges as autonomous college as per Regulation 4.2 of UGC Regulations of 2023, as well as in compliance to the letter of the UGC dated 13.11.2023 and subsequent letter dated 28.02.2024 hence forthwith.
73. No order as to costs.
___________________________ Rakesh Thapliyal, J.
Dt: 04.06.2024 Mahinder/