The failure of an affiliating University to communicate a refusal of a NOC within 60 days constitutes a presumption of approval for establishing an Off-Campus Centre.

JUDGMENT :

VIKAS MAHAJAN, J

1. The petitioner has assailed the rejection order dated 15.01.2025 issued by the respondent no.2/Union of India whereby approval for the establishment of Off-Campus Centre at Hosur, Tamil Nadu has been denied, primarily for the reason that the affiliating University i.e. respondent no.3 has refused No Objection Certificate (NOC). The challenge has also been made to the communication/letter dated 08.12.2023 of respondent no.3 (affiliating University) whereby it refused to give NOC in terms of Regulation 8(3) of the UGC (Institutions deemed to be University) Regulations, 2023 (hereinafter ‘Regulations of 2023’).

2. The facts in brief are that the petitioner no.1 is a Deemed-to-be University, established in the year 2008 under Section 3 of the University Grants Commission Act, 1956. It was accredited with an ‘A+’ grade by NAAC in 2023.

3. The petitioner no.1 established a Medical College campus at Hosur, Krishnagiri District, Tamil Nadu, in the year 2021. Petitioner no.1 initially applied to establish the Medical College as part of its Deemed-to-be University, but the application of the petitioner was rejected because petitioner no.1, at the time, had only been accredited with a ‘B’ Grade by NAAC. As a result petitioner no.1, through the St. Peter Institute of Higher Education and Research Trust (hereinafter the ‘Trust’), applied for affiliation from respondent no.3/University, which was duly granted by the respondent no.3/University.

4. On 02.06.2023, University Grants Commission notified the Regulations of 2023 to regulate the process for declaring the institutions of academic excellence as Deemed-to-be Universities and to ensure the quality of higher education remains consistent with the ideals of a university.

5. The petitioner on 13.10.2023 submitted an online application under Regulation 8 of the Regulations of 2023 seeking approval to establish an Off-Campus Centre at Hosur, Tamil Nadu by taking over the following institutions at the Medical College campus, which are presently affiliated with the respondent no.3 and managed by the Trust – (i) St. Peter’s Medical College, Hospital and Research Institute, Hosur; (ii) St. Peter’s Nursing College and Research Institute, Hosur; (iii) St. Peter’s Pharmacy College and Research Institute, Hosur, and (iv) St. Peter’s Allied Health Sciences College and Research Institute, Hosur.

6. Since requesting for a No Objection Certificate (NOC) from the affiliating University is a prerequisite under Regulation 8(3) of the Regulations of 2023, petitioner no.1 submitted a request dated 09.10.2023 to the respondent no.3 seeking an NOC for the conversion of the aforementioned institutes into an Off-Campus Centre under the petitioner. However, the respondent no.3 vide its impugned communication/letter dated 08.12.2023 refused to grant NOC by citing the following reasons:

"If the medical colleges running various courses affiliated to Tamil Nadu Dr. M.G.R. Medical University become Deemed to be Universities, all the seats in such colleges will be filled by the Institutions themselves and the underprivileged, rural and poor students of Tamil Nadu shall lose the opportunity of getting the medical education at reasonable cost and medical knowledge for the deserving students will be unattainable at a reasonable prescribe fee. Secondly, the State Government School students who benefit by the 7.5% reservation will also stand to lose their quota of seats in these colleges. This will become a big blow