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2021 Supreme(Online)(MAD) 35705
IN THE HIGH COURT OF JUDICATURE AT MADRAS ORDERS RESERVED ON : 02.09.2021 PRONOUNCING ORDERS ON : 06.09.2021 CORAM THE HONOURABLE JUSTICE MR.N.ANAND VENKATESH W.P.Nos.14351 and 14353 of 2021 Annapoorana Engineering College, Rep.by its Principal, Sankari Main Road, Periyaseeragapadi, Salem District 636 308. ...Petitioner in Both WPs .Vs.
1.University Grants Commission, rep.by its Secretary, Bahadur Shah Zafar Marg, New Delhi 110 002.
2.Anna University, rep. by its Registrar, Chennai 600 025. ..Respondents in W.P.No.14351 of 2021
1.Anna University rep.by its Registrar, Chennai 600 025.
2.Centre for Academic Courses, rep.by its Director, Anna University, Chennai 600 025.
..Respondents in W.P.No.14353 of 2021 PRAYER in W.P.No.14351 of 2021: Writ Petitions filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, Calling for the records of the 1st Respondent ending with its order in No. F.2 - 76(83) / 2021 (AC) dated 18.06.2021 and quash the same and direct the 1st Respondent to consider the petitioners application dated 11.02.2021 for autonomous status to Annapoorana Engineering College, Sankari Main Road (NH-47) Periaseeragapadi, Salem District for the academic session 2021-2022 without placing reliance on the speaking order bearing No. 450 / AU / CAC / Autonomous / 2021 dated 08.03.2021 of the Anna University in the light of the UGC Regulations 2018 and the judgment of the Division Bench of this Honourable Court in W.A. No. 51 of 2020 dated 14.02.2020.
PRAYER in W.P.No.14353 of 2021: Writ Petitions filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, calling for the records of the respondents relating to the "Award of Fresh Autonomous Status Guideline" on the file of the 1st respondent herein and quash the same.
For Petitioner : Mr.G.Masilamani (in Both WPs) Senior Counsel for Muthumani Doraisami For Respondents : Mr.Mr.B.Rabu Manohar CGSC Standing Counsel for R 1 in W.P.No.14351 of 2021 Mr.M.Vijayakumar Standing Counsel for R 2 in W.P.No.14351 of 2021 for R 1& R 2 in W.P.No.14353 of 2021
COMMON ORDER
Both the Writ Petitions involve connected issues and hence they are taken up together, heard and disposed of through this common order.
2.The subject matter of challenge in WP No. 14351 of 2021 is the impugned rejection order passed by the University Grants Commission (hereinafter referred as UGC) dated 18.06.2021 and for a consequential direction to the UGC to consider the application submitted by the Petitioner college seeking for autonomous status.
3.The subject matter of challenge in WP No. 14353 of 2021 is the autonomous status guidelines issued by the Anna University (herein after referred as the University) which formed the basis of the speaking order dated 08.03.2021 and which was relied upon by the UGC while rejecting the proposal submitted by the Petitioner college through proceedings dated
18.06.2021.
4.The Petitioner college wanted to get an autonomous status and hence an application was submitted on 11.02.2021 to the UGC through Anna University. This application was negatived by the Anna University through a speaking order dated 08.03.2021. The same became the subject matter of challenge before this court in WP No. 7377 of 2021. This Writ Petition was disposed of by an order dated 07.05.2021. It will be beneficial to extract the entire order for better appreciation of the background of this case.
“2. The case of the petitioner is that, the petitioner is an approved and affiliated Engineering College imparting education in the field of engineering since 2010. It has been approved by the All India Council for Technical Education (hereinafter referred to as -AICTE-), New Delhi and affiliated to the Anna University.
3. Since the institution has served for more than ten years and according to the institution, it has fulfilled the norms prescribed in this regard by the University Grants Commission (hereinafter referred to as -UGC-) under the UGC Act as well as the regulations made therein, it thought of making an application to the UGC to declare the autonomous status to the petitioner institution. Since the said status of autonomous institution is to be declared only by the UGC, such application has already been made on
11.02.2021.
4. In this regard, it is to be noted that, as per the UGC (Conferment of Autonomous Status upon Colleges and Measures for Maintenance of Standards in Autonomous Colleges) Regulations, 2018 (in short -2018 Regulations-), various procedures have been contemplated as to how an application has to be submitted by the institution seeking autonomous status and to be processed by the UGC. 5. In this context, Clause 7(3) of the Regulations is pertinent, which reads thus, 7.3 The College shall submit the proposal to the Parent/Affiliating University which may forward the same to UGC within 30 days of the receipt of proposal. In case the proposal is rejected by the University, the decision shall be communicated to the college and University Grants Commission through a “Speaking Order“ .?
6. As per Regulation 7(3) of the 2018 Regulations, the petitioner institution submitted its application to the respondent Anna University to be forwarded to the respondent UGC. The said application having been considered by the respondent Anna University, was rejected by a speaking order dated 08.03.2021, wherein the said application of the petitioner was rejected on the ground that, the student enrollment for the last three years was 30% against the requirement of 60% and the examination results for the last three years was 39.5% as against the requirement of 70%. On these two reasons, the application which was submitted by the petitioner to the respondent Anna University to be forwarded to the UGC has been rejected through the order dated 08.03.2021.
7. Unmindful of the said rejection order made by the first respondent Anna University, the petitioner has further made an independent application on 12.03.2021 to the respondent UGC to independently consider the request of the petitioner for grant of autonomous status
