IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Anand Venkatesh, J.
Annapoorana Engineering College, Rep. by its Principal, Salem – Petitioner
Versus
University Grants Commission, Rep. by its Secretary, New Delhi & Others – Respondents
W.P. Nos. 14351 & 14353 of 2021
Decided On : 06-09-2021
University Grants Commission Act, 1956 - Section 26(1) - Anna University Chennai Act of 1978 - Section 29, 30(6) - Constitution of India,1950 - Article 226 – Application - Seeking for autonomous status - Writ Petitions filed under Article 226 of Constitution of India for issuance of a Writ of Certiorari calling for records of respondents relating to Award of Fresh Autonomous Status Guideline on file of respondent herein and quash same - Both Writ Petitions involve connected issues and hence they are taken up together heard and disposed of through common order - Whether would stand in way of UGC to independently consider application based on other inputs supplied by institution is question to be decided only by UGC and not by affiliating university first respondent – Held, Court has no hesitation to hold that unmindful of impugned order issued by first respondent University certainly second respondent UGC can independently decide application submitted by petitioner on its own merits and in accordance with law and in that case it is for UGC to take inputs supplied by University by way of a speaking order which includes two reasons cited therein for purpose of rejecting application of petitioner Court has no hesitation to hold that even without quashing order of first respondent University it may be directed that it can only be treated as an input supplied by affiliating University to UGC within meaning of second limb Regulations and accordingly application submitted by petitioner can very well be considered by UGC on its own merits - Matter is remanded back to Anna University and University is directed to consider proposal submitted by Petitioner college afresh in line with of UGC regulations and communicate speaking order to Petitioner college and UGC of UGC regulations within a period of 30 days from date of receipt of copy of order - On receipt of same UGC shall independently consider proposal submitted by Petitioner college along with speaking order communicated by Anna University and take a decision within a period of six weeks thereafter and pass a reasoned order in line with UGC regulations - Writ Petitions allowed
ORDER :
(Prayer: W.P.No.14351 of 2021: Writ Petitions filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, Calling for the records of the 1st Respondent ending with its order in No. F.2 - 76(83)/2021 (AC) dated 18.06.2021 and quash the same and direct the 1st Respondent to consider the petitioners application dated 11.02.2021 for autonomous status to Annapoorana Engineering College, Sankari Main Road (NH-47) Periaseeragapadi, Salem District for the academic session 2021-2022 without placing reliance on the speaking order bearing No. 450/AU/CAC/Autonomous/2021 dated 08.03.2021 of the Anna University in the light of the UGC Regulations 2018 and the judgment of the Division Bench of this Honourable Court in W.A. No. 51 of 2020 dated 14.02.2020.
W.P.No.14353 of 2021: Writ Petitions filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, calling for the records of the respondents relating to the "Award of Fresh Autonomous Status Guideline" on the file of the 1st respondent herein and quash the same.)
1. Both the Writ Petitions involve connected issues and hence they are taken up together, heard and disposed of through this common order.
2. The subject matter of challenge in WP No. 14351 of 2021 is the impugned rejection order passed by the University Grants Commission (hereinafter referred as UGC) dated 18.06.2021 and for a consequential direction to the UGC to consider the application submitted by the Petitioner college seeking for autonomous status.
3. The subject matter of challenge in WP No. 14353 of 2021 is the autonomous status guidelines issued by the Anna University (herein after referred as the University) which formed the basis of the speaking order dated 08.03.2021 and which was relied upon by the UGC while rejecting the proposal submitted by the Petitioner college through proceedings dated 18.06.2021.
4. The Petitioner college wanted to get an autonomous status and hence an application was submitted on 11.02.2021 to the UGC through Anna University. This application was negatived by the Anna University through a speaking order dated 08.03.2021. The same became the subject matter of challenge before this court in WP No. 7377 of 2021. This Writ Petition was disposed of by an order dated 07.05.2021. It will be beneficial to extract the entire order for better appreciation of the background of this case.
“2. The case of the petitioner is that, the petitioner is an approved and affiliated Engineering College imparting education in the field of engineering since 2010. It has been approved by the All India Council for Technical Education (hereinafter referred to as -AICTE-), New Delhi and affiliated to the Anna University.
3. Since the institution has served for more than ten years and according to the institution, it has fulfilled the norms prescribed in this regard by the University Grants Commission (hereinafter referred to as -UGC-) under the UGC Act as well as the regulations made therein, it thought of making an application to the UGC to declare the autonomous status to the petitioner institution. Since the said status of autonomous institution is to be declared only by the UGC, such application has already been made on 11.02.2021.
4. In this regard, it is to be noted that, as per the UGC (Conferment of Autonomous Status upon Colleges and Measures for Maintenance of Standards in Autonomous Colleges) Regulations, 2018 (in short -2018 Regulations-), various procedures have been contemplated as to how an application has to be submitted by the institution seeking autonomous status and to be processed by the UGC.
5. In this context, Clause 7(3) of the Regulations is pertinent, which reads thus,
7.3 The College shall submit the proposal to the Parent/Affiliating University which may forward the same to UGC within 30 days of the receipt of proposa
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