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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V.SUJATHA, J.
Joseph Sriharsha And Mary Indraja Educational Society and Others – Appellants
Versus
The Union Of India and Others – Respondents
Writ Petition No.5503 of 2024
Decided on : 10-05-2024
Mandamus - Writ Petition - UGC Act Sections 2(f), 12B - The court interpreted the provisions of the UGC Act, emphasizing the necessity for universities to issue affiliation documents upon compliance with fee requirements, thereby reinforcing the principle of fair administrative action.
Fact of the Case:
The petitioners sought a writ of mandamus to compel a university to issue affiliation documents necessary for recognition under the UGC Act, claiming the university's refusal was arbitrary and illegal due to outstanding service fees.
Finding of the Court:
The court found that the university's refusal to issue the requested documents was linked to the payment of service fees, but emphasized the need for a fair assessment process before any demands could be made.
Issues: Whether the university could deny issuing affiliation documents based on outstanding service fees and whether the petitioners had complied with the court's previous orders regarding document submission.
Ratio Decidendi: The court held that while the university could require fee payment, it must first conduct a fair assessment of the dues and provide an opportunity for the petitioners to respond before making any demands.
Result: The writ petition was disposed of with directions for the university to assess dues and issue the requested documents within four weeks.
ORDER :
This Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-
2. The 1st petitioner herein is a society established under the provisions of A.P. Societies Registration Act, with registration No.6624 of 1996. The 1st petitioner society has established the 2nd and 3rd petitioner institutions for imparting training in various technical courses, with required approvals for imparting technical, professional and pharmaceutical education from the statutory bodies. As per law, for the 2nd and 3rd petitioners to get autonomous status from the 2nd respondent UGC, they are required to get autonomous status as under Section 2(f) and 12B of The University Grants Commission Act, 1956, for which the colleges have to apply to the UGC in a specific proforma, which has to be signed by the Principal of the College and as well as the Registrar of the 3rd respondent university, and are also required to submit certain specified documents including a copy of Affiliation Notification for the concerned academic year.
3. While the 2nd and 3rd petitioners were offering certain courses with the approval of AICTE and other concerned regulatory bodies, the petitioners have also sought approval from AICTE for adding certain new courses vide application dated 20.04.2023. Thereafter, the 2nd and 3rd petitioner colleges, vide application dated 06.05.2023, have requested the 3rd respondent to issue the proforma for applying to the 2nd respondent herein for recognition of colleges under Section 2(f) and 12(B) of the UGC act, only with regard to the courses which were already being offered by them as on the date of application i.e. 06.05.2023, without including the new courses for which approval was sought. In pursuance of the aforesaid application, the 3rd respondent has issued proforma to the 2nd and 3rd petitioners on 11.05.2023 with the signatures of the Registrar, JNTU, Kakinada, as required under law.
4. Subsequently, on 10.06.2023, AICTE has issued ‘Grant of Approval’ for adding certain new courses by reducing intake in few existing courses for the academic year 2023-2024. As few courses were added and the intake of students for the existing courses in the 2nd and 3rd petitioner colleges got reduced, the previous proforma dated 11.05.2023 issued by the 3rd respondent would become irrelevant; as such, the petitioner Nos.2 and 3 need to seek for a revised proforma with updated/fresh list of courses duly signed by the Registrar of the 3rd respondent university. In pursuance of which the 2nd respondent vide letter dated 19.12.2023 directed the petitioner colleges herein to submit certain documents which include proforma application as per the Specimen and Temporary Affiliation Notification for the Academic Year 2023-24. As required, the petitione
The court established that universities must issue affiliation documents upon compliance with fee requirements, ensuring fair administrative processes.
Universities must issue notifications for autonomy within 30 days per UGC regulations; failure to comply leads to deemed approval for autonomous status.
Procedural compliance in educational affiliations is critical; failure to follow mandatory guidelines leads to nullification of approval for new colleges.
Point of Law : State actions are required to be non-arbitrary and justified on the touchstone of Article 14 of the Constitution. Action of the State or its instrumentality must be in conformity with ....
The purpose of “recognition” and “affiliation” is different. In the context of the N.C.T.E. Act, “affiliation” enables and permits an institution to send its students to participate in the public exa....
Educational institutions must remit collected University Common Services Fees to the university as per statutory guidelines, and lack standing to challenge such demands.
The Parent University must adhere to UGC Regulations for granting Autonomous Status, with failure to act within specified time leading to a presumption of no objection.
The court affirmed that educational institutions must comply with regulatory standards, and the authority to keep affiliations in abeyance is inherent, provided due process is followed.
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