The judgment establishes that a writ of mandamus is not competent based on vague and unsubstantiated allegations, especially when the relief claimed is only to direct the respondents to follow the rules, which are binding even in the absence of directions by the court.

1. The petitioner has approached this Court, with the prayer for issuance of a writ in the nature of mandamus, directing the second respondent, i.e. Principal Secretary, Department of Law (Convener of Convener Committee, M.S.University), to comply with the eligibility criteria and procedure for affiliation as prescribed in U.G.C. (Affiliation of Colleges by Universities) Regulations, 2009.

2. The petitioner is working as Associate Professor of History at Arignar Anna College, Aralvaimozhi, Kanyakumari District. He is also Senate member of Manonmaniam Sundaranar University. The Colleges situated in southern districts of Tamilnadu are affiliated with various universities. The University Grants Commission is a statutory body constituted under the University Grants Commission Act with an authority to prescribe the qualification of teachers, conditions of affiliation of colleges and other matters connected therewith.

3. The case pleaded in the affidavit is that Regulations framed by the U.G.C. have statutory force of law and therefore, are binding on all the Universities and affiliated colleges. The U.G.C. has framed regulations stipulating therein that each College should have five acres of land, administrative and academic building with sufficient accommodation to meet immediate academic and other space requirements. The academic building is required to be sufficient to accommodate the facilities like library and laboratories and also number of teaching and non teaching staff as per U.G.C. prescribed norms. The College is also required to have adequate civic facilities like water, electricity, ventilation, toilets, sewerage, and is required to have financial provision for running the college for three years with a corpus fund of Rs.15 lakhs per programme. The college is also under statutory obligation to appoint qualified teachers who are to be paid salary as per the U.G.C. Scales of pay.

4. The U.G.C. in exercise of powers conferred under Sec.26 of U.G.C. Act, has framed regulations to maintain and improve the quality of higher education. The objects of U.G.C. Act and the regulations framed to determine the standards in higher education which are traceable to entry 66 List 1, VII schedule of Constitution of India. Manonmaniam Sundaranar University, the respondent No.5 and other universities therefore are bound by the regulations framed by the U.G.C.

5. The grievance of the petitioner is that Universities are granting affiliation to the colleges without compliance of U.G.C. Regulations Act, 2009 and the regulations framed thereunder.

6. The petitioner being the Senate member filed representation to the respondents, to see that the U.G.C. Regulations, 2009 are implemented in letter and spirit. The petitioner has also brought to the notice of the University, that various colleges were unauthorisedly collecting money from the students and furthermore these colleges do not have sufficient infrastructure. The teachers are not appointed through properly constituted selection committee, and the persons not having requisite qualification prescribed by the U.G.C. are appointed as teachers.

7. The case of the petitioner is that there was no response from the respondents to the representation filed by the petitioner.

8. In view of the submissions made hereinabove, the petitioner prays for issuance of a writ in the nature of mandamus directing the respondent No.5 to follow U.G.C. Regulations 2009 on the following grounds;

(1) That the U.G.C. by virtue of power vested under Sec.12 of the U.G.C. Act, is bound to take steps for promotion and coordination of University education and under Sec.26 of the Act, it has statutory duty to frame regulations having statutory force of law.

(2) The respondents No.2 to 5 were bound by the Regulations framed by the U.G.C. making statutory in nature and are duty bound to implement those regulations.

(3) That number of colleges did not comply with U.G.C. Regulations and that the colleges ar