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IN THE HIGH COURT OF PUNJAB AND HARYANA
Arun Monga, J.
Dav Institute Of Management, Chandigarh - Appellant
Versus
Panjab University, Chandigarh - Respondent
Civil Writ Petition No. 22449 of 2019
Decided On : 05-08-2020
EDUCATION - MBA COURSE - AFFILIATION - AICTE OR UGC/AFFILIATING UNIVERSITY IS THE GOVERNING/REGULATING BODY - INSPECTION COMMITTEE AND/OR THE INSPECTION REPORT THEREOF IS IN ACCORDANCE WITH LAW VIS A VIS SCOPE OF THE INSPECTION FOR THE PURPOSE OF TEMPORARY AFFILIATION - AICTE OR UGC/AFFILIATING UNIVERSITY IS THE GOVERNING/REGULATING BODY - INSPECTION COMMITTEE AND/OR THE INSPECTION REPORT THEREOF IS IN ACCORDANCE WITH LAW VIS A VIS SCOPE OF THE INSPECTION FOR THE PURPOSE OF TEMPORARY AFFILIATION.
Fact of the Case:
Petitioner applied to the All India Council for Technical Education (AICTE) for approval to start the course of MBA governed by AICTE Regulations. Being satisfied with eligibility, suitability and other pre requisites, AICTE granted its approval to the petitioner vide letter dated 30.04.2017 (Annexure P/1) to conduct the said course for academic year 2017-2018. AICTE approval was, however, subject to the petitioner/Institution obtaining necessary affiliation/permission from the concerned University as per the prescribed schedule of the University. Accordingly, petitioner then applied to the respondent-University for affiliation (temporary), which though was granted, but its continuation is now the very lis herein, owing to alleged non compliance of the contingent conditions/deficiencies pointed out by Inspection Committee.
Finding of the Court:
1. Both AICTE Act and UGC Act operate in different domains and, thus there is no clash between the two. 2. AICTE is to ensure and provide access to quality with accountability in the technical education, while role of the UGC is to govern the affiliations of various colleges applying to the universities constituted under the UGC Act. 3. Inspection Committees constituted in the present case and/or their inspection reports forming the basis for refusal of temporary extension of petitioner's affiliation are not in accordance with law.
Issues: 1. Whether AICTE or UGC/Affiliating University is the governing/regulating body qua MBA course? 2. Whether the Inspection Committee and/or the inspection report thereof is in accordance with law vis a vis scope of the inspection for the purpose of temporary affiliation ?
Ratio Decidendi: 1. AICTE Act and UGC Act operate in different domains and, thus there is no clash between the two. 2. AICTE is to ensure and provide access to quality with accountability in the technical education, while role of the UGC is to govern the affiliations of various colleges applying to the universities constituted under the UGC Act. 3. Inspection Committees constituted in the present case and/or their inspection reports forming the basis for refusal of temporary extension of petitioner's affiliation are not in accordance with law.
Final Decision: 1. Impugned orders dated 10.04.2019 conveyed vide letter dated 02.05.2019 Annexure P/15 and dated 25.11.2019, Annexure P/28 refusing extension of affiliation are set aside. 2. Competent authority of the respondent University shall constitute a fresh Inspection Committee strictly in accordance with the provisions of Regulation 4.7 of the UGC (Affiliation of Colleges by Universities) Regulations 2009, which should not include any person who has already expressed adverse opinion against the grant of initial affiliation or extension of affiliation for the petitioner's MBA Programme. 3. On receipt/consideration of inspection report of the newly constituted Inspection Committee, the competent authority shall take a fresh decision on extension of the petitioner's affiliation. 4. Till a fresh decision as at (c) is taken by the competent authority of the University on extension of the petitioner's affiliation, the petitioner's affiliation for MBA Programme shall stand extended. 5. University is consequently directed to let the petitioner submit 'student return' and complete all the requirements required for their registration with the University for academic session till its fresh decision on extension of the petitioner's affiliation. 6. Needful as at (b & c) above be done within two months from the receipt of certified copy of this order.
JUDGMENT
Arun Monga, J. - "Education is the manifestation of the perfection already in a man." Said Swami Vivekananda. A healthy competition amongst the students definitely augments the manifestation of that innate perfection. Not only amongst the students but competition even in the institutions where they study is a supplication thereof. But manifestation in the present case seems to be that of institutional egos between Panjab University (for short, University) and DAV Institute of Management. Perhaps, individuals at the helm of affairs are responsible for it. Internal friction ought not to have any place amongst academic coparceners viz. University and its affiliated Colleges/Institutes. Together they are engaged in pursuit of knowledge must resonate jointly, in synchronization.
2. This petition was originally filed, inter alia, assailing a decision dated 10.04.2019 of University Syndicate conveyed vide letter dated 02.05.2019, Annexure P/15, asking the petitioner Institute to fulfill the deficiencies pointed out by Inspection Committee constituted by University and seeking further directions for grant of affiliation (temporary) to the petitioner-institute for its academic session 2018-19.
3. However, it would be seen that proceedings before this Court have more or less turned into a kind of continuous mandamus. It would be apposite to reproduce some of relevant extracts of the orders passed by this Court in course of the writ proceedings. On 18.10.2019 when the matter came up for hearing, my Learned Brother B.S. Walia, J. observed as under :-
"x-x-x-x During the pendency of the writ petition, a fresh inspection was got conducted by the Panjab University, in which, a number of deficiencies were noted on the basis of which recommendation was made by the Inspection Committee not to grant temporary extension of affiliation to the petitioner for the MBA course for the session 2019-20. Inspection report dated 24.09.2019, is taken on record and copy thereof handed over to learned counsel for the petitioner. Learned counsel for the petitioner states that although objections to the inspection report were filed by the petitioner on 26.09.2019, yet the matter was not placed before the competent authority i.e. Syndicate in its meeting held on 16.10.2019. Learned counsel prays for permission to file comprehensive objections to inspection report dated 24.09.2019 and for directions to the respondent to place the inspection report as well as objections/comprehensive supplementary objections before the competent authority i.e. the Syndicate for its decision at the earliest. Mr. Subhash Ahuja, Advocate learned counsel representing the University on instructions from Prof. Karamjit Singh, Registrar states that he has no objection to the plea of learned counsel for the petitioner. In the light of statement of learned counsel for the parties, liberty is granted to the petitioner to submit comprehensive supplementary objections to the inspection report dated 24.09.2019 by 22.10.2019. On receipt of comprehensive supplementary objections, the respondent would take steps to convene a meeting of the Syndicate at the earliest and place the inspection report along with the objections in respect thereto on record for consideration and decision by the Syndicate in accordance with law. Adjourned to 15.11.2019. Decision as is taken in the meeting of the Syndicate be placed on record on or before the date fixed."
4. In compliance of above order, University Syndicate, in its meeting dated 09.11.2019, by majority decided against continuation of affiliation to the petitioner institute. Decision dated 09.11.2019 was placed on record of this Court by University as Annexure R/12. Later, a Civil Miscellaneous Application bearing No. 18805 of 2019 under Article 226 of Constitution of India was filed by petitioner impugning letter dated 25.11.2019, Annexure P/28, issued by University, formally conveying the decision dated 09.11.2019 (R/12). In its reply to the app
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