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2009 Supreme(Del) 234
IN THE HIGH COURT OF DELHI
Honble Judge: Vipin Sanghi, J.
Bharati Vidyapeeth and Ors. – Appellants
Vs.
Guru Gobind Singh Indraprastha University and Ors. – Respondent
W.P. (C) 1995 and 3885/2008
Decided On: 20.02.2009
For Appellant/Petitioner/Plaintiff: A.M. Singhvi and Udai Lalit, Sr. Advs., Prasenjit Keswani, Adv.
For Respondents/Defendant:A. K. Singla, Sr. Adv., G.D. Goel and Sanjiv Goel, Advs. for Respondent No. 1, Amiet Andley, Adv. for Respondent No. 2, Amitesh Kumar, Adv. for Respondent No. 3/UGC and R.N. Singh, Adv. for Respondent No.
Headnote:
The Court held that the State Government cannot seek to legislate in respect of, or exercise executive control over such an institution. It also submitted that the notification issued by the Central Government under Section 3 of the UGC Act cannot be nullified and/or thwarted by the State Government by withholding the grant of NOC unjustifiably.
Fact of the Case:
The petitioners, Bharti Vidyapeeth, a registered trust, and its deemed University, Bhartiya Vidyapeeth, sought to disaffiliate themselves from the Guru Gobind Singh Indraprastha University (GGSIP University) and sought a no objection certificate (NOC) from the Government of NCT of Delhi (GNCTD) for the same. The GNCTD refused to grant the NOC, citing the petitioners' undertaking to reserve 85% of seats for students from the Delhi region. The petitioners challenged this decision, arguing that they were not bound by the undertaking as they were now a deemed University under the University Grants Commission (UGC) Act, 1956.
Finding of the Court:
The Court held that the State Government's refusal to grant the NOC was unjustified and that the petitioners were not bound by the undertaking they had given to reserve 85% of seats for students from the Delhi region. The Court held that the UGC Act, 1956, empowers the Central Government to coordinate and determine standards in institutions of higher education and research, and that the State Government cannot seek to legislate in respect of, or exercise executive control over such an institution. The Court also held that the notification issued by the Central Government under Section 3 of the UGC Act cannot be nullified and/or thwarted by the State Government by withholding the grant of NOC unjustifiably.
Issues: Whether the State Government can seek to legislate in respect of, or exercise executive control over an institution that has been declared a deemed University under the University Grants Commission (UGC) Act, 1956.
Ratio Decidendi: The Court held that the State Government cannot seek to legislate in respect of, or exercise executive control over an institution that has been declared a deemed University under the University Grants Commission (UGC) Act, 1956. The Court held that the UGC Act, 1956, empowers the Central Government to coordinate and determine standards in institutions of higher education and research, and that the State Government cannot seek to legislate in respect of, or exercise executive control over such an institution. The Court also held that the notification issued by the Central Government under Section 3 of the UGC Act cannot be nullified and/or thwarted by the State Government by withholding the grant of NOC unjustifiably.
Final Decision: The Court issued a writ of mandamus directing the respondent Nos. 1 and 2 to pass formal orders granting disaffiliation to petitioner Nos. 3 and 4 within two weeks from today so that the said petitioners are in a position to function as deemed Universities from the academic session 2009-10.
Vipin Sanghi, J.
1. By this common judgment I propose to dispose off the aforesaid two writ petitions.
2. The petitioners state that petitioner No. 1, Bharti Vidyapeeth, is a registered trust and is involved in promoting education throughout the country. It is stated that petitioner No. 2 Bhartiya Vidyapeeth is a deemed University under Section 3 of the University Grants Commission (UGC) Act, 1956. It is situated at Pune, having various constituent institutions in the country. Petitioner No. 3, Bhartiya Vidyapeeth College of Engineering, is an engineering college set up by the petitioner No. 1 trust having its campus in New Delhi. Petitioner No. 3 institute imparts courses leading to the grant of B. Tech. degree in engineering. Petitioner No. 4, Bhartiya Vidyapeeth Institute of Computer Applications and Management, New Delhi is an institute imparting education in the field of computer education and management. It has been set up by petitioner No. 1 and has its campus at the same location as petitioner No. 3 in New Delhi. Petitioner No. 4 imparts courses and programmes leading to the grant of Master in Computer Applications (MCA) degree. Respondent No. 1 Guru Gobind Singh Indraprastha University (GGSIP University for short) is constituted under the Guru Gobind Singh Indraprastha University Act, 1998. Petitioner Nos. 3 & 4 institutions have been affiliated with respondent No. 1 University since their inception. Respondent No. 2 is the Government of NCT of Delhi impleaded through the Secretary, Department of Training and Technical Education (DTTE). Respondent Nos. 3 & 4 are the University Grants Commission (UGC for short), constituted by the University Grants Commission Act, 1956 (herein referred to as UGC Act) and Ministry of Human Resources Development, Government of India, respectively.
3. Petitioner No. 1, with a view to set up an engineering college in Delhi applied for allotment of institutional land to the DDA. This application was made on 12.05.1999. Government of NCT of Delhi recommended the case of the petitioner for allotment of land to DDA and vide communication dated 02.08.1999 informed the petitioner that it had recommended the petitioners case to the DDA for allotment of about 5 acres of land for setting up an engineering college on various terms and conditions set out in the said letter. The DDA approved allotment of land admeasuring 14862.35 sq. meters to the petitioner No. 1 on perpetual leasehold basis for setting up an engineering college and hostel for students. The premium and ground rent charged by the DDA of Rs. 2,72,91,941/- was paid by the petitioner. Thereafter, the petitioner No. 3 institution was developed and set up on the said land. Respondent No. 4 institution was also set up on the same campus.
4. The Ministry of Human Resources (Department of Higher Education), Government of India, issued a notification dated 14.02.2007 under Section 3 of the UGC Act, whereby it was declared that upon the recommendation of the UGC, the petitioner Nos. 3 & 4 were included within the ambit of "Bhartiya Vidyapeeth" deemed to be University, Pune, as its constituent institutions for the purpose of the UGC Act from the date of disaffiliation of the said two institutions from the respondent No. 1, GGSIPU, the affiliating University, subject to the petitioner fulfilling various conditions mentioned in para 5 of the said notification. The notification, inter alia, required the petitioners to take immediate steps to disaffiliate themselves from the respondent No. 1 University. A little later, the respondent UGC issued a notification dated 13.04.2007 in line with the notification issued by respondent No. 4 on 14.02.2007 aforesaid. This notification stipulated that the constituent institutions, namely, petitioner Nos. 3 & 4 shall abide by the norms laid down by UGC.
5. In the meantime, the petitioners vide letter dated 17.02.2007 informed the respondent University that from the academic year 2007-08 it would be gove
