The withdrawal of No Objection Certificates after the statutory period is invalid, and applications for deemed university status must be processed under UGC regulations without regard to such withdrawals.

ORDER :

(VIVEK KUMAR SINGH, J.)

This Writ Petition has been preferred by the petitioner seeking a direction to the first respondent to consider their application dated 06.11.2023 sent to the University Grants Commission (Institutions deemed to be Universities) Regulations, 2023 [hereinafter referred to as “UGC Regulations, 2023”] without reference to the letter of the second respondent dated 21.11.2023 and the letter of the third respondent dated 15.11.2023.

2. Heard the learned counsels appearing for the petitioner, as well as for the learned counsel for the respondents.

3. The short facts of the case of the petitioner is as follows:

a) The Petitioner, Saroja Regupathy, who is the Managing Trustee of Karpaga Vinayaga Educational Trust, runs several institutions such as Karpaga Vinayaga Institute of Medical Sciences and Research Centre, Karpaga Vinayaga Institute of Dental Sciences, Karpaga Vinayaga College of Nursing, Karpaga Vinayaga Institute of Pharmaceutical Sciences and Karpaga Vinayaga College of Engineering and Technology.

b) While so, the petitioner applied for recognition of their institution as a “Deemed to be University” under the UGC Regulations, 2023. As per the regulations, the petitioner sought a “No Objection Certificate (NOC)” from the affiliating Universities/the respondents 2 & 3 herein. The petitioner requested the NOC from the respondents 2 & 3, who are the affiliating Universities for the Medical and Engineering Colleges on 07.06.2023 and received the NOCs from both the Universities/respondents 2 & 3 on 29.09.2023 and 27.09.2023 respectively but however, the same were later withdrawn by them on 21.11.2023 and 15.11.2023 citing the State Government's policy. The petitioner submits that the withdrawal of these NOCs by the respondents 2 and 3 are invalid, as per UGC Regulations 2023. Aggrieved by the withdrawal of NOCs by the respondents 2 and 3, the petitioner herein was of the opinion that the first respondent may not consider their application dated 06.11.2023 sent to them for grant of “Deemed to be University” status to be institution and come forward with this petition for the relief sought for in the prayer.

4. The learned Senior counsel appearing for the petitioner submitted that the UGC published the University Grants Commission (Institutions deemed to be Universities) Regulations, 2023 which provides eligibility and procedure for any institute to be recognized as “deemed to be University” where Regulation 6 deals with the procedure to apply for an institute to be recognized as 'deemed University'.

5. He put forth his submissions stating that the petitioner requested for NOC from the respondents 2 and 3, who are the affiliating Universities for Medical and Engineering Colleges on 07.06.2023. He added that as per proviso to Regulation 6(2)(a), if the respondents 2 and 3 want to refuse grant of NOC to the petitioner, they ought to have done the same on or before 06.08.2023, but they did not respond to the request of the petitioner. He further contended that on 27.09.2023, the third respondent granted NOC and subsequently, on 29.09.2023, the second respondent granted NOC and the petitioner applied for “deemed to be University” status on 06.11.2023 and thereafter on the submission of the application by the petitioner, the second respondent withdrew its NOC on 21.11.2023 and the third respondent withdrew its NOC on 15.11.2023, which are in clear abuse of process of law as per proviso to UGC Regulation 6(2)(a).

6. In furtherance, he contended that the UGC Act and Regulations are a complete code by themselves and