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2011 Supreme(Mad) 3818
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. enasenan, 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.
The impugned regulations framed by the UGC are not arbitrary or violative of Article 14 of the Constitution. They are validly framed under Section 26(1)(f) and (g) of the UGC Act, 1956, and are necessary to maintain standards in higher education and to prevent commercialization of education.
Headnote:
The impugned regulations framed by the University Grants Commission (UGC) are not arbitrary or violative of Article 14 of the Constitution. They are validly framed under Section 26(1)(f) and (g) of the UGC Act, 1956, and are necessary to maintain standards in higher education and to prevent commercialization of education.
Fact of the Case:
The petitioners, who are either trusts which established deemed universities or the deemed universities themselves, challenged the impugned regulations framed by the UGC on the grounds that they are arbitrary, violative of Article 14 of the Constitution, and exceed the powers conferred by the UGC Act. They contended that once a deemed university status is conferred, there is no provision or warrant to make further declaration in the matter of applicability of provisions of the UGC Act and Rules. They also argued that the regulations cannot be applied to the existing universities which are granted recognition under Section 3 of the UGC Act.
Finding of the Court:
The court held that the impugned regulations are not arbitrary or violative of Article 14 of the Constitution. They are validly framed under Section 26(1)(f) and (g) of the UGC Act, 1956, and are necessary to maintain standards in higher education and to prevent commercialization of education. The court further held that the regulations can be applied to the existing universities which are granted recognition under Section 3 of the UGC Act, as the power to confer the status also includes the power to withdraw such status.
Issues: 1. Whether the impugned regulations framed by the UGC are arbitrary or violative of Article 14 of the Constitution? 2. Whether the impugned regulations are validly framed under Section 26(1)(f) and (g) of the UGC Act, 1956? 3. Whether the impugned regulations are necessary to maintain standards in higher education and to prevent commercialization of education? 4. Whether the impugned regulations can be applied to the existing universities which are granted recognition under Section 3 of the UGC Act?
Ratio Decidendi: 1. The impugned regulations are not arbitrary or violative of Article 14 of the Constitution because they are based on the findings of a review committee and a task force appointed by the Ministry of Human Resource Development, which found that there were undesirable trends in such IDUs, which need to be rectified. The regulations are also necessary to maintain standards in higher education and to prevent commercialization of education. 2. The impugned regulations are validly framed under Section 26(1)(f) and (g) of the UGC Act, 1956, which empowers the UGC to make regulations defining minimum standards for institutions for the grant of any degree by any University and for regulating the maintenance of standards and coordination of work and facilities by universities. 3. The impugned regulations are necessary to maintain standards in higher education and to prevent commercialization of education. The review committee and the task force found that there were undesirable trends in such IDUs, which need to be rectified. The regulations are also necessary to ensure that the IDUs comply with the requirements demanded under the regulations in order to continue with the status as IDUs. 4. The impugned regulations can be applied to the existing universities which are granted recognition under Section 3 of the UGC Act, as the power to confer the status also includes the power to withdraw such status.
Final Decision: The writ petitions challenging the impugned regulations framed by the UGC 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
