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2012 Supreme(Mad) 780
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE VINOD K. SHARMA
The Manakula Vinayagar Academy of Higher Education, Puducherry
Versus
Union of India Rep by its Secretary Department of Higher Education, New Delhi & Another
W.P.No.19644 of 2011 & M.P.Nos.1,2 and 3 of 2011
Decided On : 14-02-2012
For the Petitioner:Mr. N.R. Chandran Senior Counsel, Assisted by Mr. N. Sivakumar, Advocates.
For the Respondents:Mr. G. Arul Murugan, R2, Mr. K. Ravindranath, Advocates.
Regulation 23 of the UGC (Institutions Deemed to be Universities) Regulations, 2010 does not apply to pending applications, and pending applications should be considered under the old regulations.
Headnote:
University Grants Commission - Deemed University Status - UGC Act, 1956, Section 3 - 2010 Regulations - [Article 23 of the UGC Regulations] - The court considered the application of the petitioner for Deemed University status under Section 3 of the UGC Act, 1956 and the UGC (Institutions Deemed to be Universities) Regulations, 2010. The court found that the impugned order was based on regulation 23 of 2010 regulations, and referred to a previous Division Bench decision which held that regulation 23 of 2010 would have no effect on pending applications. The court concluded that the petitioner's case should be considered under the old regulations and allowed the writ petition, setting aside the impugned order and remitting the case back to the 1st respondent for consideration under the old regulation.
Fact of the Case:
The petitioner sought Deemed University status under Section 3 of the UGC Act, 1956. The impugned order rejected the petitioner's application based on the 2010 regulations, requiring resubmission under the new regulations.
Finding of the Court:
The court found that the impugned order was based on regulation 23 of 2010 regulations, but referred to a previous Division Bench decision which held that regulation 23 of 2010 would have no effect on pending applications. The court concluded that the petitioner's case should be considered under the old regulations and allowed the writ petition, setting aside the impugned order and remitting the case back to the 1st respondent for consideration under the old regulation.
Issues: The main issue was whether the petitioner's application for Deemed University status should be considered under the old regulations or the 2010 regulations.
Ratio Decidendi: The court held that regulation 23 of 2010 would have no effect on pending applications and that the petitioner's case should be considered under the old regulations.
Final Decision: The writ petition was allowed, the impugned order was set aside, and the case was remitted back to the 1st respondent to consider the petitioner's case for grant of Deemed University status under the old regulation.
1. Petitioner has invoked extra-ordinary equitable jurisdiction of this court, to challenge the order dated 26.10.2010 passed by the University grants commission.
2. The impugned order reads as under:
"This has reference to the proposal submitted by the Institution for conferment of Deemed to be University status under section 3 of the UGC Act, 1956. The University Grants Commission has published the UGC (Institutions Deemed to be Universities) Regulations, 2010 in the official gazette of India on 26th May, 2010. Article 23 of the UGC Regulations is reproduced as under:-
"Consideration of old proposals
All proposals (whether seeking declaration as an institution deemed to be university or seeking approval for establishing off-campus centres/off-shore campus(es) of inclusion of off-campus Centres in the ambit of the institution deemed to be university), which are either pending/in process in the commission or have been received by the Central Government, shall be governed by these Regulations.:
In view of the above, I am directed to inform you that UGC cannot consider your proposal for Deemed to be University status in the present form as it is not as per UGC (Institutions Deemed to be Universities) Regulations, 2010. However, if you so desire, you may submit revised proposal for deemed to be University status in the format prescribed by the UGC, through Government of India, Ministry of Human Resource Development in case the Institute fulfills all the conditions contained in UGC (Institutions Deemed to be Universities) Regulations, 2010. The Regulations and the application format prescribed by the UGC are available on the UGS website www.ugc.ac.in/insideHE/Deemed Universities/The Gazette of India Notification:UGC (Institutions Deemed to be Universities) Regulations,2010.
3. The petitioner is running Manakula Vinayagar Medical College and Hospital at Kalitheerthalkuppum, Puducherry and Sri Manakula Vinayagar Engineering College, at Madagadipet, Puducherry.
4. The petitioner institution is one among the best institution which is preferred by the parents and students for its quality, infrastructure and its experienced and devoted faculty members and the management. In terms of Section 3 of the University Grants Commission (UGC) the petitioner submitted its proposal to the Union of India seeking status of Deemed University.
5. The proposal was submitted on 15.11.2004 as per the regulations in force. The application of the petitioner was forwarded to the UGC for consideration and submission of the report. After the receipt of the application the 2nd respondent entered into correspondence seeking clarification on number of points. After the requisite information was submitted to the 2nd respondent, an inspection committee was constituted for spot verification of the infrastructure facility available with the petitioner's institution to consider the proposal for grant of Deemed University status.
6. Thereafter second enquiry committee was constituted. The inspection committee after the spot inspection vide letter F.No.501-5/DUAICTE/2009 dated 23.01.2009 recommended to the 2nd respondent for grant of Deemed University status to petitioner institution.
7. The University Grants Commission in their 455th meeting held on 27.01.2009, considered the reports of the committees constituted for granting the Deemed University Status, under de novo category.
8. It was resolved in the meeting as under:
14....."The Commission considered the Expert Committee Report constituted by the Chairman, UGC, presentation made by the institute, AICTE expert Committee Report and advice of AICTE and agreed to recommend to the Ministry of Human Resource Development for conferment of Deemed to be University status to Sri Manakula Vinayagar Engineering College and Sri Manakula Vinayagar Medical college and Hospital in the name and style of the petitioner's institution under De-Novo category under Section 3 of the UGC Act, 1956 subject to its conf
