Back
2019 Supreme(Del) 1436
IN THE HIGH COURT OF DELHI
S. Ravindra Bhat, Prateek Jalan, JJ.
Symbiosis International And Others - Appellants
Vs.
All India Council For Technical Education - Respondent
Writ Petition (C) 7075 of 2018 and CM Appl. 32223 of 2018, W.P.(C) 8389 of 2018 and CM Appl. 32223 of 2018
Decided On : 01-05-2019
For the Petitioner:Mr. Anil Sapra, Senior Advocate with Mr. Rajesh Gupta, Mr. Harpreet Singh, Mr. Pranjal Saran, Mr. Rudra CVR, Ms. Akanksha Chaudhary, Advocate, Mr. Anupam Lal Das, Senior Advocate with Mr. Ravi Bhardwaj, Mr. Krishanu Barua, Advocates
For the Respondent:Mr. Vijay Joshi, Advocate, Mr. Anil Soni, Standing Counsel AICTE with Mr. Abhinav Tyagi Advocate , Mr. Apoorv Kurup, Ms. Nidhi Mittal, Mr. Bhaibhaw Gahlaut, Advocate
The central legal point established in the judgment is the entitlement of the petitioners to be treated as Category-I Universities under UGC Regulations, exempting them from seeking separate approval from AICTE for certain courses.
Headnote:
AICTE - Technical Education - AICTE Act, 1987, UGC (Categorisation of Universities (only) For Grant of Graded Autonomy) Regulations, 2018 - Section 12-B of the University Grants Commission Act, 1956 - UGC [ODL] Regulations 2017 - [AICTE Act, 1987, UGC (Categorisation of Universities (only) For Grant of Graded Autonomy) Regulations, 2018, Section 12-B of the University Grants Commission Act, 1956, UGC [ODL] Regulations 2017]
Fact of the Case:
The petitioners sought relief declaring certain provisions to be ultra-vires to the AICTE Act, 1987 and sought consequential directions to AICTE to forbear from requiring approval for conducting technical education courses. The petitioners were found to be entitled to be treated as Category-I Universities under UGC Regulations.
Finding of the Court:
The court found that the petitioners were entitled to be treated as Category-I Universities and were not compelled to seek separate approval from AICTE for the mentioned courses. The court partly allowed the writ petition in favor of the petitioners.
Issues: The issues involved the applicability of AICTE Act, 1987 and UGC Regulations to the petitioners' institutions and the requirement for seeking approval from AICTE for conducting technical education courses.
Ratio Decidendi: The court's decision was influenced by the AICTE's affidavit, UGC Regulations, and the petitioners' CGPA scores, which entitled them to be treated as Category-I Universities under UGC Regulations.
Final Decision: The court partly allowed the writ petition, declaring the petitioners to be Category-I Institutions/Universities entitled to the benefit of UGC Regulations.
JUDGMENT :
S. Ravindra Bhat, J.
On the previous date of hearing, this Court had recorded an order in the following terms:
"Prima facie by reading of the AICTE's affidavit, it appears to this court that the claim of the petitioners in W.P.(C) No. 7075/2018 and 8389/2018 appears to be satisfied because of the AICTE's clarification and also having regard to the CGPA score, of these two petitioner Institutions (i.e. in excess of 3.51 on a scale of 4).
List on 01.05.2019.
Interim orders to continue."
2. Both the petitioners have sought relief declaring the Approval Process Hand Book 2018-19 and Public Notice dated 20.12.2017 for approval process 2018-19, to be ultra-vires to the provisions of the All India Council for Technical Education (AICTE) Act, 1987. The petitioner University/Institute sought declaration that these provisions were not applicable to them and sought consequential directions to AICTE to forbear from requiring the petitioner University/Institution to obtain approval of AICTE for conducting courses/programmes in technical education.
3. During the pendency of these proceedings, the University Grants Commission (Categorisation of Universities (only) For Grant of Graded Autonomy) Regulations, 2018, was brought into force on 12.02.2018. Various terms such as "University" and "Cumulative Grade Point Average (CGPA) system, followed by the National Assessment and Accreditation Council [Regulation 2] and other terms, were defined. Regulation 3 categorised universities for grant of graded autonomy into three classes i.e. Category-I, II and III. Regulation 3(1)(a) declares that the University would be placed in Category-I, if it has a CGPA of 3.51 or more and has received corresponding accreditation grade/score from a reputed accreditation agency or was ranked among top 500 of reputed world rankings.
4. Regulation 4 and 9, to the extent relevant, are extracted below:
"4. Dimensions of Autonomy for Category-I Universities
4.1 Universities shall be automatically deemed to be under section 12-B of the University Grants Commission Act, 1956 and no inspections by the Commission shall be required for the same.
4.2 Universities may start a new course/programme/department/school/centre in disciplines that form a part of its existing academic framework without approval of the UGC, provided no demand for fund is made from the government on account of starting the new course/programme/department /school/centre. Degree programs shall be consistent with the approved nomenclature of the UGC. Diploma and certificate courses approved by its Statutory Authorities or Statutory Regulatory Authorities wherever required, may be started in new and innovative areas that are relevant to local, national or international needs, with information to the UGC :
Provided that for Government owned Deemed to be Universities, approval shall be taken from the Government if funding is sought from the Government for starting a new course/programme/ department/school in self-financing mode.
4.3 Universities may open constituent units/off-campus centers within its geographical jurisdiction, without the approval of the UGC, provided it is able to arrange both recurring and non-recurring revenue sources and does not need any assistance for the same from the UGC or the Government."
xxx xxx xxx xxx
"9. Graded Autonomy Regulations vis-a-vis other Regulations.
The provisions mentioned in the clause 4 and 5 of the Regulations i.e. dimensions of autonomy for Category-I Universities and Category-II Universities respectively, shall prevail in case of any inconsistent/conflicting provisions in the other UGC Regulations."
5. On the previous date of hearing i.e. on 25.03.2019, it was noted that both the petitioner Universities/Institutes had secured more than minimum CGPA, i.e., 3.51 to be classified as Category-I. In the case of the petitioner in W.P.(C) No. 7075/2018, the material on record shows that the CGPA score was 3.58 out of 4, and in the case of W.P.(C) No. 8389/2018, the score was
