JUDGMENT

(Prayer: Writ petition filed under section 226 of Constitution of India for Writ of Certiorarified Mandamus quashing the impugned order and notification bearing no.10/4/2018-U.3(A) dated 24.05.2022, issued by the first respondent, as being illegal and void ab initio and consequently, direct the first respondent to issue a notification after giving an opportunity of being heard to the petitioners to include the second petitioner institution within the ambit of the first petitioner Deemed to be University.)

This writ petition has been filed challenging the impugned order and notification both dated 24.05.2022 issued by the first respondent.

2. The first petitioner is a deemed university having its office at Chennai. The second petitioner is a college at Bangalore affiliated to Rajiv Gandhi University, Bangalore. The first petitioner submitted an application/proposal to the first respondent to include the second petitioner college under its ambit from the Academic Year 2018-2019 onwards. The second petitioner also submitted its request to the third respondent for the issuance of No Objection Certificate for inclusion of their institution under the ambit of the first petitioner (deemed university), from the academic year 2018-19 onwards.

3. The second respondent vide its letter dated 05.10.2018 informed the first petitioner about the formation of their Expert Committee and their visit to the second petitioner college, in order to process the proposal of the first petitioner. The second respondent in its 536th Meeting held on 14.11.2018 considered the report of the Expert Committee and approved the proposal for inclusion of the second petitioner within the ambit of the first petitioner. Thereafter the second respondent vide letter dated 15.11.2018 addressed to the third respondent sought its comments in respect of the second petitioner about its potential, academic excellence and financial viabilities for bringing it under the ambit of the first petitioner as per Clauses 8.1l and 8.11.1 of UGC (Institutions Deemed to be Universities) Regulations, 2016. The third respondent submitted its comments to the first respondent on 14.01.2019 rejecting the proposal to include the second petitioner into the ambit of the first petitioner citing that the proposal will be detrimental to the students of Karnataka.

4. However, the first respondent issued ambit notification dated 14.02.2019 declaring and including the second petitioner college within the ambit of the first petitioner. The second petitioner vide its letter dated 16.08.2019 brought it to the knowledge of the Rajiv Gandhi University, Bangalore about the ambit notification dated 14.02.2019 and once again requested for issuance of disaffiliation certificate. Rajiv Gandhi University refused to disaffiliate the second petitioner vide its letter dated 07.03.2020.

5. Thereafter, the petitioners filed W.P.No.7482 of 2022 before the Karnataka High Court along with Moogambigai Charitable and Educational Trust and the third respondent (State of Karnataka) also filed W.P.No.9236 of 2020 challenging the ambit notification dated 14.02.2019 issued by the first respondent. The Karnataka High Court by way of a common order dated 03.11.2020 dismissed the writ petition filed by the petitioners and allowed the writ petition filed by the State of Karnataka. Aggrieved by the said common order, the petitioners therein approached the Division bench of Karnataka High Court by filing W.A.Nos.549 and 550 of 2020. The Division Bench of Karnataka High Court by a common order dated 30.11.2021 in W.A.Nos.549 & 550 of 2020 remitted the matter back to the second respondent (UGC) as well as the first respondent (Central Government) to pass a speaking order, after considering the comments of the Karnataka State Government. Thereafter, the first respondent has passed the impugned notification and the order both dated 24.05.2022 withdrawing the earlier ambit notification of the first respondent dated 14.02.2019 issue