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2025 Supreme(MP) 411
IN THE HIGH COURT OF MADHYA PRADESH
Vijay Kumar Shukla and Prem Narayan Singh, JJ.
Sardar Vallabh Bhai Patel Mahavidhyalaya Through Secretary of the Society Shashank Nagar v. Rajiv Gandhi Proudyogiki Vishwavidyalaya (State Technical University of Madhya Pradesh) & Others
Writ Petitions No. 17681 of 2024, 17701 of 2024, 17710 of 2024, 17716 of 2024, 17727 of 2024, 17731 of 2024, 17737 of 2024, 17938 of 2024, 18187 of 2024, 18188 of 2024, 18196 of 2024, 19177 of 2024, 19321 of 2024, 21738 of 2024, 21740 of 2024, 21919 of 2024, 22301 of 2024, 22681 of 2024, 24158 of 2024 and Contempt Petition Civil No. 4017 of 2024 (Indore); Decided on 24.6.2025
Veer Kumar Jain assisted by Vaibhav Jain, Kaivalya Ratnaparkhe, and Rajat Lohia for respective petitioners; Manoj Kumar Dwivedi through VC and Vikas Jaiswal for respondent University; Shrey Raj Saxena, Dy. Advocate General for respondent/State; Ajinkya Dagaonkar for respondent AICTE.
Headnote:
(1) Education -- grant of approval, affiliation and permission -- powers of State Government Universities and AICTE in matters of affiliation are distinct yet interrelated -- State Government can issue directions concerning educational policy and institutional regulations -- University retains autonomy in academic matters within statutory framework -- in matter of technical education, AICTE’s statutory provision is paramount and overrides conflicting State laws or university regulations. (1995) 4 SCC 104, (2000)5 SCC 231, (2005) 5 SCC 420, (2006) 9 SCC 1,(2013) 2 SCC 617 and (2013) 3 SCC 385 followed. [Para 7
(2) Rajiv Gandhi Proudyogiki Vishwavidyalaya Adhiniyam, 1998 (M. P.) -- Chap. IV -- M. P. Vishwavidyalaya Adhiniyam, 1973 -- S. 34 -- order/notification dated 13.6.2024 issued by respondent No. 1 University that affiliation for MBA courses will not be granted from session 2024-25 -- legality of order/notification -- respondent No. 1 University established under Adhiniyam, 1998 is an independent authority -- decision taken by Co-ordination Committee of University under Adhiniyam, 1973 not binding on respondent No. 1 University, but has persuasive value -- decision taken by Coordination Committee considered by Academic Council and Executive Council of respondent No. 1 University -- thereafter, decision taken that no affiliation shall be granted by University for MBA courses from session 2024-25 -- impugned order passed after due consideration -- no illegality in impugned order/notification. [Para 10
(3) Constitution of India -- Art. 226 -- M. P. Rajiv Gandhi Proudyogiki Vishwavidyalaya Adhiniyam, 1998 -- S. 5(3) -- affiliation fee -- colleges made aware well within time that no further affiliation for MBA courses shall be granted -- petitioner could have applied for affiliation to other universities -- demand of affiliation fee was year-wise and not for course -- no arbitrariness in decision taken by respondent University -- it is within competence of University to take decision to grant or not grant affiliation for a particular course -- under power of judicial review, Courts cannot examine decision of authority -- can only examine decision-making process -- students already admitted in pursuance of interim order shall be allowed to complete course -- decision not to grant affiliation to aforesaid courses shall apply to year 2025-26. Civil Appeal No. 11759 of 2018 and Civil Appeal No. 7461 of 2009 followed. 2018 (1) JLJ 169 = 2018 (2)MPLJ 419 (FB) relied on. [Paras 13 & 14
¼1½ f'k{kk && vuqeksnu] lac)rk rFkk vuqefr nsuk && lac)rk ds fo"k; esa jkT; ljdkj ds fo'ofo|ky;ksa rFkk ,vkblhVhbZ dh 'kfä;k¡ lqfHkUu gksrs gq, Hkh ijLij lacaf/kr gSa && jkT; ljdkj f'k{kk uhfr rFkk laLFkkxr fofu;eksa ds laca/k esa funs'k tkjh dj ldrh gS && vdknfed fo"k;ksa esa fo'ofo|ky; dkuwuh :ijs[kk ds Hkhrj Lok;Ùkrk j[krk gS && rduhdh f'k{kk ds fo"k; esa ,vkblhVhbZ dk dkuwuh mica/k loksZifj gS rFkk vlaxr jkT; fof/k ;k fo'ofo|ky; fofu;eksa ij v/;kjksgh gSA ¼1995½ 4 ,llhlh 104] ¼2000½ 5 ,llhlh 231] ¼2005½ 5 ,llhlh 420] ¼2006½ 9 ,llhlh 1] ¼2013½ 2 ,llhlh 617 rFkk ¼2013½ 3 ,llhlh 385 vuqlfjrA ¼iSjk 7
¼2½ jktho xk¡èkh çkS|ksfxdh fo'ofo|ky; vf/kfu;e] 1998 ¼e-iz-½
&& v/;k; 4 && e-iz- fo'ofo|ky; vf/kfu;e] 1973 && /kkjk 34 && çR;FkhZ Ø-1 fo'ofo|ky; }kjk tkjh vkns'k@vf/klwpuk fnukad 13-6-2024 fd l= 2024&25 ls ,ech, ikB~îØeksa ds fy, lac)rk ugha nh tk,xh && vkns'k@vf/klwpuk dh oS/krk && vf/kfu;e] 1998 ds v/khu LFkkfir çR;FkhZ Ø-1 fo'ofo|ky; Lora= çkf/kdj.k gS && vf/kfu;e] 1973 ds v/khu fo'ofo|ky; dh leUo; lfefr }kjk fd;k x;k fofu'p; çR;FkhZ Ø- 1 fo'ofo|ky; ds fy, vkc)dj ugha] vfirq mldk vkxzgh ewY; gS && leUo; lfefr }kjk fd, x, fofu'p; ij çR;FkhZ Ø- 1 fo'ofo|ky; dh fo|k ifj"kn~ rFkk dk;Z ifj"kn~ }kjk fopkj fd;k x;k && rRi'pkr~ fofu'p; fd;k x;k fd fo'ofo|ky; }kjk l= 2024&25 ls ,ech, ikBîØeksa ds fy, lac)rk ugha nh tk,xh && vkf{kIr vkns'k lE;d~ fopkj&foe'kZ ds mijkar ikfjr fd;k x;k && vkf{kIr vkns'k@vf/klwpuk esa dksbZ voS/krk ughaA ¼iSjk 10
¼3½ Hkkjr dk lafo/kku && vuq-226 && e-iz- jktho xk¡/kh çkS|ksfxdh fo'ofo|ky; vf/kfu;e] 1998 && /kkjk 5¼3½ && lac)rk 'kqYd egkfo|ky;ksa dks le; jgrs voxr djk fn;k x;k fd vkxs ls ,ech, ikBîØeksa ds fy, lac)rk ugha nh tk,xh && ;kph lac)rk ds fy, vU; fo'ofo|ky;ksa esa vkosnu dj ldrk Fkk && lac)rk 'kqYd dh ek¡x o"kZokj Fkh] ikB~;Øeokj ugha && çR;FkhZ fo'ofo|ky; }kjk fd, x, fofu'p; esa dksbZ euekuh ugha && fdlh fof'k"V ikB;Øe ds fy, lac)rk nsus ;k ugha nsus dk fofu'p; djus ds fy, fo'ofo|ky; l{ke gS &&Ukf;d iqufoZyksdu dh 'kfä esa U;k;ky; çkf/kdj.k ds fofu'p; dk ijh{k.k ugha dj ldrs && fofu'p;u dh çfØ;k ek= dk ijh{k.k dj ldrs gSa && varfje vkns'k ds vuqlj.k esa igys gh çfo"V fd, tk pqds fo|kfFkZ;ksa dks ikB~;Øe iw.kZ djus fn;k tk, && iwoksZä ikB~;Øeksa dks lac)rk ugha nsus dk fofu'p; o"kZ 2025&26 ls ykxw gksxkA flfoy vihy Ø- 11759 lu~ 2018 rFkk flfoy vihy Ø- 7461 lu~ 2009 vuqlfjrA 2018 ¼1½ ts,yts 169 ¾ 2018 ¼2½ ,eih,yts 419 ¼iw.kZ U;k;ihB½ voyafcrA ¼iSjk 13 ,oa 14
ORDER
Shukla, J. -- 1. Regard being had to the similitude of facts, grounds and the issues involved in all the petitions, they are being disposed off by the common order. For the sake of convenience, the facts are noted from WP No.17681/2024, treating it to be a lead case.
2. The petitions have been filed by the Colleges run by private societies. The petitioner College was established to impart education to students in various courses. The petitioner college, with the object of imparting Master of Business Administration (MBA) education, had taken due permission and has been running the said courses along with other courses for the last many years. The colleges who are petitioners in WP No.24158/2024 i.e. Modern Institute of Pharmaceutical Sciences, WP No.17701/2024 New Era College of Management, WP No.21740/2024 Oxford International College of Management and WP No.21919/2024 Shivajirao Kadam Institute of Technology Management are running MBA courses in Pharmaceutical and Integrated Courses. The petitioners had taken approval from the All India Council for Technical Education (AICTE) because MBA is a technical course. While applying for the approval, a college is required to declare the affiliating body (university/body) for which the college will take affiliation. The petitioner had applied to the respondent No.1 University for issuance of order so that the petitioner may apply for permission/approval from AICTE. The respondent No.1 University had granted approval. On the basis of the same, petitioner had applied for approval/permission to the AICTE mentioning the name of the respondent No.1 University as affiliating body. The approval was granted by AICTE for session 2022-2023 for three courses MBA, MBA (Financial Administration) and MBA (Marketing Management) which was subject to affiliation granted by the respondent No.1. The petitioner had applied and was granted affiliation by the respondent No.1 for these three courses for Session 2022-2023 after due inspection. In the same manner for renewal of affiliation for the year 2023-2024 the petitioner had applied from AICTE which was accordingly granted. As a consequence the petitioner college was granted renewal of permission/approval by AICTE for session 2024-2025. The respondent University had also published information dated 22.12.2023 whereby the colleges were asked to pay the fees for renewal of affiliation for Session 2024-25. The petitioner had paid fee for the renewal of affiliation for Sessions 2024-25. All the formalities were completed for the renewal of affiliation of the petitioner College for the session 2024-25. All of a sudden, an order/notification dated 13.6.2024 was issued stating that the respondent No.1 will not give affiliation of MBA courses from Sessions 2024-25. It was also mentioned that affiliation granted till the session of 2023-2024 will be valid and the students who had taken admission in the courses for the said session will complete their course as per the affiliation granted for the said year. The said decision of the University dated 13.6.2024 is illegal and arbitrary. The decision has been taken in pursuant to the decision taken by the University Co-ordination Committee constituted under Madhya Pradesh Vishwavidyalay Adhiniyam, 1973 (hereinafter referred as "Adhiniyam, 1973") which is not binding on the respondent University which is established under Special Enactment called The Madhya Pradesh Rajiv Gandhi Proudhyogiki Vishwavidyalay Adhiniyam, 1998 (hereinafter referred as "Adhiniyam, 1998"). The decision taken by the University had left with no other option with the petitioner College to seek affiliation from other universities. The affiliation process for taking affiliation for MBA course from any other university is already closed. Thus, the decision of the University has jeopardised the petitioner's College as they had to close the MBA courses for academic session 2024-25. The colleges who are petitioners in WP No.24158/2024 i.e. Mode
