Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice VIVEK KUMAR SINGH
Karpaga Vinayaga Educational Trust, Rep. by its Managing Trustee Saroja Regupathy – Appellant
Versus
University Grants Commission, Rep. by its Chairman – Respondent
| Table of Content |
|---|
| 1. petitioner's application for university status. (Para 1 , 3) |
| 2. procedure and validity of noc requests. (Para 4 , 5 , 6) |
| 3. importance of compliance with ugc regulations. (Para 7 , 8) |
| 4. government's opposition to the petition and regulatory considerations. (Para 9 , 10) |
| 5. court's mandate for timely decision on application. (Para 11) |
| 6. conclusion of the writ petition and dismissal. (Para 12) |
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 Vinaya
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 withdra....
The failure of an affiliating University to communicate a refusal of a NOC within 60 days constitutes a presumption of approval for establishing an Off-Campus Centre.
Universities must issue notifications for autonomy within 30 days per UGC regulations; failure to comply leads to deemed approval for autonomous status.
: Affiliation of University once the application is rejected by the affiliating University, it cannot be decided subsequently either independently or otherwise by the UGC, then the power conferred on....
The main legal point established in the judgment is that the guidelines prescribed by the University do not have statutory force and cannot be the sole criterion for rejecting the plea of the petitio....
The court affirmed that under UGC Regulations, an institution can obtain autonomy with NAAC accreditation, and universities must comply with UGC directives regarding such status.
The Parent University must adhere to UGC Regulations for granting Autonomous Status, with failure to act within specified time leading to a presumption of no objection.
The requirement for a State NOC for university affiliation contravenes NCTE Regulations and central legislation, as state laws cannot impose conditions inconsistent with national standards.
Point of Law : Rejection of the requests for granting recognition without providing adequate opportunity to the respondent university is violation of principles of natural justice.
The University must issue notifications of autonomous status within 30 days of confirmation by UGC, as mandated by Regulation 4.2 of 2023, confirmed by prior court rulings.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
