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.

JUDGMENT :

Rakesh Thapliyal, J.

The instant writ petition has been preferred by the petitioner, which is an Institution namely “Shivalik College of Engineering”, for seeking a direction that respondent No. 1/Veer Madho Singh Bhandari Uttarakhand Technical University is directed to issue the necessary Notification regarding grant of autonomous status to the petitioner’s institution pursuant to Regulation 4.2 of the University Grants Commission (Conferment of Autonomous Status Upon Colleges and Measures for Maintenance of Standards in Autonomous Colleges) Regulations, 2023 in compliance to the letter issued by the University Grants Commission (hereinafter referred to as “UGC”) dated 13.11.2023, whereby, the respondent University has been directed to issue the Notification within 30 days regarding grant of autonomous status to the petitioner’s institution.

2. Brief facts are that the petitioner’s Institution run by a Society, namely “Rijan Educational Society”, registered under the Societies Registration Act. The registration of the said society was lastly renewed on 21.09.2020 for the period commencing from 06.06.2020 to 05.06.2025.

3. It is submitted by the learned counsel for the petitioner that Rijan Educational Society is a non profit organisation and its aim & object is to mobilise world class education and generate resources for providing and supporting quality education for all with the vision for a better tomorrow.

4. It is submitted by the learned counsel for the petitioner that the petitioner’s institution i.e. Shivalik College of Engineering, is approved by the AICTE and affiliated with Veer Madho Singh Bhandari Uttarakhand Technical University (hereinafter referred to as “the University”). This institution was established in the year 2008 and the approval was accorded by the AICTE on 07.05.2008 to conduct technical courses, the copy of which is also brought on record and thereafter got affiliation with the University on 18.03.2010.

5. The issue, as raised in the instant writ petition is with regard to grant of autonomous status to the petitioner’s institution for which the UGC, after following the complete procedure directed the University to issue the notification for the purposes of grant of autonomous status to the petitioner’s institution, but the University have not issued the notification on the ground that the petitioner’s institution is not having NBA accreditation. Being aggrieved with the inaction on the part of the respondent/University, not issuing the notification as per UGC Regulations, 2023, the instant writ petition has been preferred.

6. Now, since the issue relates to the grant of autonomous status to the petitioner’s institution which though the UGC directed the University to issue notification but the University is not issuing the notification and therefore in backdrop of this case, the references of Regulations, which governs the field for grant of autonomous status, is required to a discuss.

7. The UGC, in supersession of the earlier Regulation of 2018 i.e. University Grants Commission (Conferment of Autonomous Status upon Colleges and Measures for Maintenance of Standards in Autonomous Colleges) Regulations, 2018, by invoking the powers as conferred by clause (j) of Section 12 read with clause (f) and (g)