2011 Supreme(Mad) 3812
High Court of Judicature at Madras
K. CHANDRU
SRM University, (Deemed University under Sec.3 of the UGC Act), rep by its Registrar & Others
Versus
The Secretary, University Grants Commission, Bahadur Shah Jafar Marg & Others
W.P.Nos.16015, 16297, 16298, 16299, 16300, 16301, 16503, 16665, 16910, 17062, 17971, 19624 and 21145 of 2010, 4856, 5190 and 6183 of 2011 & M.P.No.1,1,2,1,2,1,2,1,2,1,2,1,1,2,1,1,1,1,1 & 2 of 2010, 1,21,2,1 & 2 of 2011
Decided on : 30-08-2011
For the Petitioners:V.T. Gopalan, SC for B. Saraswathi, N.R. Chandran, SC for R. Natarajan, C.V. Subramanian, R. Krishnamurthy, SC for R. Natarajan, R. Muthukumarasamy, SC for R. Natarajan, A. Jenasenan, Vijay Narayan, SC for C.V. Subramanian, G. Masilamani, SC for T. Meikandan, G. Rajagopal, SC for M/s. G.R. Associates, D. Krishnakumar, Advocates.
For the Respondents:R. Thiagarajan, SC for P.R. Gopinathan, M. Ravindran, Addl. Solicitor General for A.S. Vijayaraghavan, SCGSC, P.R. Gopinath, Advocates.
Headnote:
Writ petitions filed by deemed universities challenging the impugned regulations framed by the University Grants Commission (UGC) were dismissed. The court held that the regulations were validly framed under the University Grants Commission Act, 1956, and were necessary to maintain standards in higher education. The court also held that the regulations did not violate the petitioners' fundamental rights.
Fact of the Case:
The petitioners were deemed universities that had been granted status under Section 3 of the University Grants Commission Act, 1956. The UGC had framed regulations known as the UGC (Institutions Deemed to be Universities) Regulations, 2010, which the petitioners challenged as being ultra vires the Act and violative of their fundamental rights.
Finding of the Court:
The court held that the regulations were validly framed under the University Grants Commission Act, 1956, and were necessary to maintain standards in higher education. The court also held that the regulations did not violate the petitioners' fundamental rights.
Issues: 1. Whether the impugned regulations were ultra vires the University Grants Commission Act, 1956? 2. Whether the impugned regulations violated the petitioners' fundamental rights?
Ratio Decidendi: 1. The court held that the regulations were validly framed under Section 26(1)(f) and (g) of the University Grants Commission Act, 1956, by the UGC under delegated power and the Act authorised the UGC to frame such regulations. 2. The court held that the regulations did not violate the petitioners' fundamental rights, as they were a reasonable restriction on the petitioners' right to establish and administer educational institutions.
Final Decision: The writ petitions were dismissed.
1. The short question that arises for consideration is that if the impugned regulations framed by the University Grants Commission (for short UGC) are given effect to, will the future of these deemed universities be doomed?
2. When the writ petition in W.P.No.21145 of 2010 came up before this Court, it was informed by both sides that this matter will have to be heard along with all connected matters. Accordingly, with the consent of both sides, all connected matters were listed and were heard at length. In view of the commonality of the issues raised, all the writ petitions are disposed of by a common order.
2A. These matters were admitted on various dates. In the application for interim relief, the statement made by the counsel for UGC that until the disposal of the writ petitions the impugned regulations will not be implemented was recorded. In some cases, the Government of India, MHRD was not made as party. It was subsequently impleaded as a party respondent. Two common counter affidavits were filed by the MHRD and UGC.
3. In all these writ petitions, the petitioners are either the Trusts which established the deemed universities under Section 3 of the University Grants Commission Act, 1956 or the deemed Universities themselves or the Trustees of the trusts which had established those Deemed Universities. One writ petition was filed by an Association comprising of the deemed universities in the State of Tamil Nadu. The UGC had framed regulations known as the UGC (Institutions Deemed to be Universities) Regulations, 2010, dated 21.5.2010. The regulations were ordered to come into effect from the date of publication in the Gazette of India. Accordingly, these regulations were published on 26.5.2010 in issue No.146 in the Extraordinary Gazette of India to Part III Section 4. The regulations were made for the purpose which is set out in the preamble to the Regulations, which reads as follows:
To regulate, in an orderly manner, the process of declaration of institutions as deemed to be universities; preventing institutions of dubious quality from being so declared; and, further to maintain quality of higher education imparted by institutions deemed to be universities consistent with the ideals of the concept of a university; the University Grants Commission, in exercise of powers conferred under clauses [f] & [g] of sub-section [I] of Section 26 of the University Grants Commission Act, 1956, hereby, makes the following Regulations namely:
4. Pursuant to the publication in the Gazette, the UGC had sent a communication in
June, 2010 to all the petitioners Universities bringing their attention to the regulations and it directed them to make necessary changes in the existing Memorandum of Association / Rules of the Deemed to be Universities and to forward a copy of the registered Memorandum of Association / Rules to the UGC. The preamble portion of the letter reads as follows :
"As you are aware, the University Grants Commission has been entrusted with responsibility of the coordination and maintenance of the standards of higher education in the country. In order to maintain quality of higher education and research imparted by institutions deemed to be universities consistent with the ideals of the concept of a university, the University Grants Commission has finalized the UGC (Institutions Deemed to be Universities) Regulations, 2010 as approved by the Government of India, Ministry of Human Resource Development vide letter No.F.13-22/2008-U.3(A) dated 19th April, 2010 and approved by the Commission in its meeting dated 4th May, 2010. A copy of the Regulations dated 26th May, 2010, as published in the Extraordinary Gazette of India is enclosed for your information and necessary action." (Emphasis added)
5. In all these writ petitions, the petitioners were aggrieved by the following regulations :
5.2 Among the authorities of the deemed to be universities, there shall be a Chancellor who shall be appointed by the sponsoring Societ