Allahabad High Court

Board Of Director, Ewing ... vs Union Of India Thru' Secretary, ... on 12 August, 2011

Bench: V.K. Shukla




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

A.F.R.
 
Reserved
 

 

 

 
Case :- WRIT - C No. - 33358 of 2010
 

 
Petitioner :- Board Of Director, Ewing Christian College Society & Another
 
Respondent :- Union Of India Thru' Secretary, Min. Of H.R.D. & Others
 
Petitioner Counsel :- Roopesh Tiwari,Shailendra
 
Respondent Counsel :- A.S.G.I.,P.S.Baghel,Ram Gopal Tripathi, Ritvik  					Upadhayay,S.C.
 

 

 
Hon'ble V.K. Shukla, J.

Board of Directors, Ewing Christian College Society, through its Secretary as well as its Principal, has approached this Court for quashing of orders dated 12.05.2010, 22.05.2010 and 25.05.2010, wherein Registrar of the University of Allahabad has informed the Principal of the College that with regard to methodology and introduction of new courses and 17 courses which the College plans to introduce, no detail syllabus has been made available to the University and the question is yet to be scrutinized by the University as per the Statutes, Ordinances and University Grant Commission norms etc., and in this background information has been sent that U.G. and P.G. courses have not been approved by the Executive Council of the University, as such admission process should not be carried out and the same shall be sole responsibility of the institution concerned.

Brief background of the case is that Ewing Christian College was originally Associate College of the University of Allahabad governed by the provisions of U.P. State Universities Act, 1973 and the First Statute framed thereunder. On 06.06.1990 with reference to Section 41 and Statute 20.01 of the Ist Statute of the State University and the concurrence of University Grant Commission, the College was conferred autonomous status for a period of five years from the academic year 1989-90. Autonomous status of the College was thereafter extended with the approval of the university Grant Commission, as per the letter dated 7th August, 1994 for a further period of five years commencing from academic session 1994-95. The period of five years expired in the year 1999-2000. Again the aforesaid status of autonomy was extended for a period of five years, i.e. academic year 1999-2000 to 2003-04. The College applied for extension of autonomous status and the Review Committee of constituted on 08.04.2005. The recommendation of the Review Committee was forwarded to the University Grant Commission, under a letter signed by the Registrar of the Allahabad University on 07.09.2005. In between, the University of Allahabad Act, 2005 (Act of 26 of 2005) received assent of the President of India on 23.06.2005 and the same was published in the gazette, with the mention that it was an Act to declare the University of Allahabad to be an institution of National Importance and the University of Allahabad being declared Central University. On account of enforcement of Act No. 26 of 2005, letter had been sent by the Registrar of the University to the University Grant Commission in February, 2006, wherein College was informed that an Expert Committee would visit the institution in respect of extension of autonomous status of the College. Thereafter, the University Grant Commission on 23.07.2007 granted extension of autonomy up to 2013 and consequential letter was also issued by the University on 08.08.2009 after getting approval thereof from the Academic Council of the University. Thus, it is writ apparent that as far as autonomy status of the institution is concerned, same is there. Petitioners submit that once autonomous status of the institution in question is there, then in order to foster the spirit of the autonomy, the institution has been vested with the authority to start new courses; and in that direction as per the guidelines issued by the University Grant Commission qua autonomous colleges full fledged procedure has been provided for, and at the first instance decision is required to be taken by the Board of Studies in the presence of the University representative and representative of the University Grant Commission and then decision of Academic Council of the College, and then report has to be submitted to the Governing Body, and then decision has to be communicated to the University for information. Petitioners submit that there is specific provision in the guidelines issued by the University Grant Commission that decision taken by the Academic Council requires no further ratification by the Academic Council or other statutory bodies of the University. In this background after the institution has been accorded the status of Autonomous College, then there is no justification on the part of the University to have not permitted the institution concerned to hold examination and make admission accordingly. At this juncture, present writ petition has been filed.

Counter affidavit has been filed by the University, taking therein precise stand that Ordinances of the University have been made in terms of Section 29 (2) of the Act with the approval of the Central Government, and the same has been published in gazette on 09.02.2008, in this background once full fledged procedure has been provided then same has to be adhered to. It has been stated that Statute 31 of the University provides names of the constituent colleges and Ewing Christian College is also there at serial No.4. Institution was conferred the privileges of autonomous status, which came to an end in the year 2004 prior to enactment of the University of Allahabad Act, 2005 with effect from 14.07.2005. Further mention has been made that Chapter XXXV deals with Ordinance qua constituent colleges and Chapter XXXVI deals with Ordinance qua autonomous status of constituent colleges, and Ordinance 2 (b) clearly provides that the constituent colleges which have been granted autonomous status shall continue to be governed by Ordinance XXXV. In this background, it has been stated that the relief which has been claimed is totally contrary to the statutory provisions.

Rejoinder affidavit has been filed, and therein, it has been stated that University grant Commission guidelines have statutory status and autonomous status includes academic freedom, and action of institution is not at all in conflict with the statutory provisions. Various other factors have been stated to show that substantiate that the University also had been acting as per U.G.C. Guidelines.

After pleadings mentioned above have been exchanged, thereafter present writ petition has been taken up for final hearing and disposal with the consent of the parties.

Sri Shailendra, learned counsel appearing with Sri Rupesh Tiwari, for the petitioner, submits that in the present case once autonomous status has been accorded to the petitioner institution, then it has got every right to undertake admission process to U.G. and P.G. courses and other courses, and once decision has been taken by the Academic Council of the College to run the aforementioned courses, then in such a situation the University Authority can only seek clarification, but in no circumstance can stop the institution from running course and according admission, as such action taken is totally arbitrary and without jurisdiction, and against the spirit of grant of autonomous status to institution.

Countering the said submissions, Sri P.S. Baghel, learned Senior Advocate, appearing for the University of Allahabad, assisted by Sri Gautam Baghel, Advocate, on the other hand, has contended that so far as statutory Ordinances framed by the Vice Chancellor is concerned, they have been duly approved by the Central Government and notified in the gazette, and the request made by the petitioners is in the teeth of the aforementioned statutory provisions. The University being the affiliating body has got full authority to call for records, as has been done in the present case. Once for getting approval in new subjects no permission has been taken, then the writ petition, as has been framed and drawn deserves to be dismissed.

Sri Ritvik Upadhayay, Advocate, appearing for the University Grant Commission has contended that the guidelines issued by the University Grant commission are binding.

After respective arguments have been advanced, factual position which emerges in the present case is that Ewing Christian College was originally Associate College of the University of Allahabad as per Statute 20.01 of the First Statutes, 1976, which deals with the procedure to be followed in respect of an application being made for autonomous status and the privileges flowing therefrom. On 06.06.1990 with the concurrence of the University Grant Commission, the College was conferred autonomous status for a period of five years at the first instance, from the academic session 1989-90. Autonomous status was thereafter extended with the approval of the university Grant Commission, as per the letter dated 7th August, 1994 for a further period of five years. The Executive Council at the said point of time extended the autonomous status of the petitioner institution and in this regard necessary communication was sent by the Registrar with its copy to the Principal of the College. The College thereafter applied for extension of autonomous status and the Review committee of constituted on 08.04.2005. In the meantime, Parliament introduced an Act, namely, the University of Allahabad Ac, 2005, which declared the University of Allahabad, being an institution of national importance, Central University. After the said Act had been enforced recommendations of the Review committee were forwarded to the University Grant Commission, under a letter signed by the Registrar of the Allahabad University on 7th September, 2005. Thereafter, in February, 2006, the University Grant Commission informed that an Expert Committee would visit the institution in respect of the extension of autonomous status of the College, as on the date when Act No.26 of 2005 had been introduced autonomous status of the institution had come to an end, but record in question reflects that the University of Allahabad continued to treat the College as autonomous college even after the academic year 2003-04 dealing with the college in the like manner. Subsequent to the same autonomous status has been approved by the University Grant Commission vide its letter dated 23.07.2007 granting extension up to 2013 and the same has also been ratified by letter of the University on 08.08.2009 after getting the approval of Academic council of the University of Allahabad. Thus, there is no dispute on the fact that the institution is an autonomous college.

The issue which is arising for consideration in the present case is that the petitioners claim that as they have got autonomous status; in such a situation and in this background as per University Grant Commission guidelines XI plan, the Academic Council of the College has full domain to take decision for running U.G. and P.G. Courses and no further ratification is required, as it is self contained and therein there is participation of University's nominee, and in this background in case any interference is being made on the basis of Ordinances, same infringes the autonomy so conferred.

The primary function of the Universities is teaching and research and to provide trained and qualified personnel for the progress of the nation. The Committee constituted by the Government of India in December, 1961 with Dr. D.S. Kothari as the Chairman and several other persons who were either Vice-Chancellors of the Universities or were connected with the field of education in the concluding part of the report observed as under:-

"....The Function of the University is not only to preserve, disseminate and advance knowledge but also to furnish intellectual leadership and moral tone to society. No less important is the role of Universities in promoting national integration and a common culture, and in bringing about the social transformation that is desired. Finally, Universities have also to provide trained personnel to advance the country's prosperity by making full use of modern knowledge. The organizational pattern must enable the Universities to achieve these objectives."

These facts have been noticed by the Supreme Court in Prof. Yashpal & Anr. Vs. State of Chattisgarh & Ors,. 2005 AIR SCW 1168, and therein referring to a large number of its earlier decisions regarding Entry 66 of List 1 dealing with coordination and determination of standard in Institutions for Higher Education or Research and Scientific Technical Institutions and Entry 32 of List II dealing with incorporation of a University the Supreme Court in the aforesaid case of Prof. Yashpal (supra) has observed as follows:-

"The consistent and settled view of this Court, therefore, is that in spite of incorporation of Universities as a legislative head being in the State List, the whole gamut of the University which will include teaching, quality of education being imparted, curriculum, standard of examination and evaluation and also research activity being carried on will not come within the purview of the State legislature on account of a specific Entry on co-ordination and determination of standards in institutions for higher education or research and scientific and technical education being in the Union List for which the Parliament alone is competent. It is the responsibility of the Parliament to ensure that proper standards are maintained in institutions for higher education or research throughout the country and also uniformity in standards is maintained."

The statement of objects and reasons of the UGC Act is as follows:-

"The Constitution of India vests Parliament with exclusive authority in regard to ''co-ordination and determination of standards in institutions for higher education or research and scientific and technical institutions'. It is obvious that neither co-ordination nor determination of standards is possible unless the Central Government has some voice in the determination of standards of teaching and examination in Universities, both old and new. It is also necessary to ensure that the available resources are utilized to the best possible effect. The problem has become more acute recently on account of the tendency to multiply Universities. The need for a properly constituted Commission for determining and allocating to Universities funds made available by the Central Government has also become more urgent on this account.

In the second para it is said that the Commission will also have the power to recommend to any University the measures necessary for the reform and improvement of University education and to advise the University concerned upon the action to be taken for the purpose of implementing such recommendation. The Commission will act as an expert body to advise the Central Government on problems connected with the co-ordination of facilities and maintenance of standards in Universities."

Section 22 of the UGC Act, stipulates that the right to confer or grant degree can be exercised by a University or an Institution deemed to be a University or by an Institution specially empowered by an Act of Parliament to confer or grant degrees. As to what a degree is, the Supreme Court in the case of Prof. Yashpal (supra) observed as under:-

"A degree conferred by a University is a proof of the fact that a person has studied a course of a particular higher level and has successfully passed the examination certifying his proficiency in the said subject of study to such level. In the case of a Doctorate degree, it certifies that the holder of the degree has attained a high level of knowledge and study in the concerned subject by doing some original research work. A University degree confers a kind of a status upon a person like a graduate or a post-graduate. Those who have done research work and have obtained a Ph.D., D.Lit., or D.Sc. degree become entitled to write the word "Doctor" before their name and command certain amount of respect in society as educated and knowledgeable persons. That apart the principal advantage of holding a University degree is in the matter of employment, where a minimum qualification like a graduate, post-graduate or a professional degree from a recognized institute is prescribed. Even for those who do not want to take up a job and want to remain in private profession like a doctor or lawyer, registration with Medical Council or Bar Council is necessary for which purpose a degree in medicine or law, as the case may be, from an institution recognized by the said bodies is essential. An academic degree is, therefore, of great significance and value for the holder thereof and goes a long way in shaping his future. The interest of society also requires that the holder of an academic degree must possess the requisite proficiency and expertise in the subject which the degree certifies.

Mere conferment of degree is not enough. What is necessary is that the degree should be recognized. It is for this purpose that the right to confer degree has been given under Section 22 of the UGC Act only to a University established or incorporated by or under a Central Act, Provincial Act or State Act or an institution deemed to be a University under Section 3 or an institution specially empowered by an Act of Parliament to confer or grant degrees. Sub-section (3) of this Section provides that "degrees" means any such degree as may, with the previous approval of the Central Government, be specified in this behalf by the Commission by notification in the Official Gazette. The value and importance of such degrees which are recognized by Government was pointed out by a Constitution Bench in Azeez Basha vs. Union of India, AIR 1968 SC 662."

As to the concept of "University" the Supreme Court in the aforesaid case of Prof. Yashpal observed as follows:-

"As shown earlier, University A.F.R.

Reserved

Case :- WRIT - C No. - 33358 of 2010

Petitioner :- Board Of Director, Ewing Christian College Society & Another

Respondent :- Union Of India Thru' Secretary, Min. Of H.R.D. & Others

Petitioner Counsel :- Roopesh Tiwari,Shailendra

Respondent Counsel :- A.S.G.I.,P.S.Baghel,Ram Gopal Tripathi, Ritvik Upadhayay,S.C.

Hon'ble V.K. Shukla, J.

After pleadings mentioned above have been exchanged, thereafter present writ petition has been taken up for final hearing and disposal with the consent of the parties.

Sri Ritvik Upadhayay, Advocate, appearing for the University Grant Commission has contended that the guidelines issued by the University Grant commission are binding.

The statement of objects and reasons of the UGC Act is as follows:-

As to the concept of "University" the Supreme Court in the aforesaid case of Prof. Yashpal observed as follows:-

"As shown earlier, University is a whole body of teachers and scholars engaged at a particular place in giving and receiving instructions in higher branches of learning; and as such persons associated together as a society or corporate body, with definite organization and acknowledged powers and privileges and forming an institution for promotion of education in higher or more important branches of learning and also the colleges, building and other property belonging to such body. Other necessary attributes of University are plurality of teachers teaching more than one higher faculties and other facilities for imparting instructions and research, provision for residence and must have certain standard of instructions providing for graduate and post-graduate levels of study. It pre-supposes existence of a campus, classrooms, lecture theatres, libraries, laboratories, offices, besides some playgrounds and also sport facility for overall development of personality of the students. However, under the provisions of the impugned Act, a proposal which is on paper and merely gives some kind of a plan or scheme to be done in future is notified as a University. When the Constitution has conferred power on the State to legislate on incorporation of University, any Act providing for establishment of the University must make such provisions that only an institution in the sense of University as it is generally understood with all the infrastructural facilities, where teaching and research on wide range of subjects and of a particular level are actually done, acquires the status of a University."

Ewing Christian College was conferred the privilege of autonomous status initially under the provisions of Section 41 of U.P. State Universities Act, 1973, and the First Statutes of the University of Allahabad, as were applicable under Chapter-XX, Statutes 20.01 to 20.12 of the First Statutes, 1976, which deals with the procedure to be followed in respect of an application for being made for autonomous status and the privilege flowing there-from. For ready reference Statutes 20.01 and 20.08 of the State Universities Act as applicable at the said point of time qua University of Alahabad are being quoted herein below:

"20.01. The Management of an associated college desirous of obtaining the privileges of an Autonomous College shall apply to the Registrar specifying clearly-

(a) the variation proposed in or from the course of study prescribed by the University including the institution of a course in a subject not provided for by the University and the substitution of a course for the one prescribed by the University;

(b) the manner in which the college proposes to hold examinations in the courses so varied;

	(c)    	the details of its finances and assets, the strength and qualifications of its teaching staff, the facilities available, for the advanced research work, and the advanced research work already done, if any.
 
	.........
 
	20.08		(1) Subject to the provisions of Section Autonomous College shall be entitled---
 
			(a)	to frame the courses in the subjects covered by 				its privileges;
 
			(b)	to appoint persons qualified to be appointed as 				internal or external examiners  of such subject;
 
			(c)	to hold examinations and to make such changes 				in the method of examination and teaching as in 				the opinion or conducive the maintenance of the 				standard of education."

From the aforesaid, it is clear that status of autonomy only conferred following privileges: (a) to frame courses in the subjects covered by the privilege, (b) to appoint persons qualified to be appointed as internal or external examiners in such subjects, and (c) to hold examinations and to make such changes in the method of examination and teaching for maintenance of the standard of education. It is, thus, apparent that autonomy is not granted to the institution as a whole, it is granted for the courses in respect of which autonomy is applied for, on condition being satisfied. In a given case all the courses offered in the College may be conferred the privilege of autonomy but the converse is not true i.e. if autonomy is granted in respect of few courses to the college, the other courses offered by college are not to be covered to by the privilege of autonomy nor the entire college can be termed a autonomous college as a whole. Further the status of autonomy does not dilute the other provisions of the Statutes and the Ordinance as are applicable to any other Constituent College of the University. The provisions of First Statute of the University of Allahabad would continue to apply to autonomous college, as are applicable to any other affiliated college (now constituent college) except to the extent provided vide Statute 20.08(A).

After earlier provision has been examined, the Court may now examine the provisions of the Act No. 26 of 2005 with reference to the grant of privilege of autonomy to constituent colleges.

" Section-7. The University shall have the following powers, namely:--

........

(xiii) to confer autonomous status on a college or an institution or a Department, as the case may be, and to withdraw such status, in accordance with the Statutes;

Section-8. (1) .............

(2) On and from the appointed day, all institutions admitted to the privileges of, or maintained by, the University of Allahabad as incorporated under the Uttar Pradesh State Universities Act, 1973 shall stand admitted to the privileges of, or maintained by, the University and shall be governed by such conditions as may be prescribed by Statutes.

Section-14. (1) The Vice-Chancellor shall be appointed by the Visitor in such manner and on such terms and conditions of service as may be prescribed by the Statutes.

(2) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall exercise general supervision and control over the affairs of the University and give effect to the decision of all the authorities of the University.

(3) The Vice-Chancellor may, if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the University by or under this Act and shall report to such authority at its next meeting the action taken by him on such matter.

Provided that such exercise of power shall be made only in emergent situations and in no case in respect of creation, and upgradation of posts and appointments thereto:

Provided further that if the authority concerned is of the opinion that such action ought not to have been taken, it may refer the matter to the Visitor whose decision thereon shall be final:

Section-27. Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:-

(k) the conditions under which colleges and institutions may be admitted to the privileges of the University and the withdrawal of such privileges;

(m) the conferment of autonomous status on a college or institution or a Department and the withdrawal of such status;

Section 29. ................

(2) The first Ordinances shall be made by the Vice-Chancellor with the previous approval of the Central Government and the Ordinances so made may be amended, repealed or added to at any time by the Executive Council in the manner prescribed by the Statutes.

Section-44. (1) Every Statute, Ordinance or Regulation made under this Act shall be published in the Official Gazette.

(2) Every Statute, Ordinance or Regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the Statute, Ordinance or Regulation or both Houses agree that the Statute, Ordinance or Regulation should not be made, the Statute, Ordinance or Regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that Statute, Ordinance or Regulation.

Section- 45. (1) Notwithstanding anything contained in this Act and the Statutes,---

(2) Till such time as the first Ordinances are not made under sub-section (2) of section 29, in respect of the matters that are to be provided for by the Ordinances under this Act and Statutes, the relevant provisions of the Statutes and the Ordinances made immediately before the commencement of this Act under the provisions of the Uttar Pradesh State Universities Act, 1973 shall be applicable insofar as they are not inconsistent with the provisions of this Act and Statutes."

Reference may also be had to the following First Statutes of the University of Allahabad (Central University), as per Schedule Appended to the Act No. 26 of 2005, relevant for our purposes.

31. (1) The following shall be Constituent Colleges, namely:--

(iv) Ewing Christian College, Allahabad;

(2) Matters relating to the constitution of the management, the powers of the Vice-Chancellor to issue directions to, and to enforce his orders against, the management, the conditions for the continuance, enlargement and withdrawal of the privileges of Constituent Colleges and the grant to and withdrawal from them of the autonomous status shall be prescribed by the Ordinances:

Provided that every Constituent College shall be required to undergo the process of assessment by a visiting Peer Team of the National Assessment and Accreditation Council, set up under Section 12 (ccc) of the University Grants Commission Act, 1956, and accreditation by the said Council within a period of three years from the date of the commencement of the Act.

(3) Where under the provisions of the Uttar Pradesh State Universities Act, 1973 a Constituent College had been granted permission by the predecessor University to impart instruction for a Post-graduate degree other than the degree of Bachelor of Laws or to exercise the privileges of an Autonomous College, such permission shall cease to have effect upon the expiry of the academic year immediately following the academic year during which the Act has commenced or of the period for which such permission had been granted by the predecessor University, whichever is earlier, without prejudice to the right of the Constituent College concerned to apply afresh for such permission in accordance with the provisions of the Statutes and the Ordinances."

Ordinances have been framed by the Vice Chancellor of the University in exercise of powers vested by sub-section (2) of Section 29 of Act No. 26 of 2005 and the said Ordinances has been duly approved by the Central Government and have been published in the gazette on 09.02.2008.The Clauses 14, 15, 16 and 17 of Chapter XXXV as well as Clauses 1, 2 and 3 of Chapter XXXVI of the Ordinances dealing with autonomous status of constituent colleges, which are relevant to resolve the controversy in question, are being reproduced below:

"Ordinance XXXV: Constituent Colleges

14. (a) The University shall, for the purpose of ascertaining whether the conditions governing the admission of the College to the privileges of the University, referred to in sub-clause (b) of clause 2, are being fulfilled, cause the College to be inspected from time to time, at intervals not exceeding three years, by a Panel of Inspectors, which shall constituted by the Vice-Chancellor as follows-

(i)two serving members of the Academic Council (not being members associated with the University or any institution maintained by it or admitted to its privileges), from a panel drawn up by the Academic Council, one of whom shall be des ignated by the Vice-Chancellor as the Chair person of the Panel;

(ii)two serving or former Professors of a Central University other than this University (not being serving members of the Executive Council or the Academic Council), from a panel drawn up by the Academic Council;

(iii)two persons (not being serving members of the Executive Council or the Academic Council or persons associated with the University or any institution maintained by it or admitted to its privileges), from a panel drawn up by the University Grants Commission, which has been reported to the Academic Council;

(iv)the Deans of the Faculties to which the courses of study in the College are assigned; and

(v)the Dean of College Development:

Provided that the Registrar shall be the Secretary to the Panel of Inspectors, and shall provide it with all necessary facilities:

Provided further that the panels referred to in serial numbers (ii) and (iii) shall ordinarily be renewed at intervals of three years:

Provided also that the format for providing requisite information, in respect of the College, for the consideration of the Panel of Inspectors prior to the inspection, and the schedule of the inspection, shall be communicated by the Registrar to the Principal.

(b)The Vice-Chancellor may, whenever he so deems necessary or expedient, authorise any person or persons to visit the College, or one or more academic or other units thereof, for any general or special purpose, and submit a report thereon.

(c)The College may be visited or inspected, for any general or special purpose, under the provisions of the Ordinances and the Regulations, by the Dean of College Development or by a team constituted by him.

(d)The Principal shall have the duty to place before the person or persons inspecting or visiting the College, under the provisions of sub-clause (a), (b) or (c), on demand, all relevant documents and records maintained by or in the custody of the College, including, where so required, the original documents pertaining to the properties, assets, investments, income and expenditure of the College and the Society.

(e)The report of the Panel of Inspectors, under sub-clause (a), shall be placed before the Executive Council, and the views of the Executive Council in respect of such report, and its advice upon the action required to be taken by the College in that regard, shall be communicated by the Registrar to the Principal for further action by the Governing Body:

Provided that where the Governing Body does not take such action to the satisfaction of the Executive Council, the Executive Council may, after considering any explanation furnished by the Governing Body, issue such directions as it may deem fit and the Governing Body shall comply with the same:

Provided further that the failure of the College to comply with any such direction shall constitute a breach of the conditions referred to in sub-clause (b) of clause 1.

(f) The report of any visitation under sub-clause (b), along with the views of the Vice-Chancellor and his advice upon the action required to be taken by the Governing Body in regard to such report, shall be communicated by the Registrar to the Principal for further action by Principal or the Governing Body.

(g)Where the Principal or the Governing Body, as the case may be, does not take, to the satisfaction of the Vice-Chancellor, action on the advice referred to in sub-clause (f), or on any direction issued by him on any other matter in exercise of the powers conferred on him by the Act, the Statutes, the Ordinances and the Regulations, including a direction to fulfil the requirement of the proviso to clause (2) of Statute 31, the matter shall be reported to the Executive Council and shall be further dealt with in accordance with the provisions of sub-clause (e).

(h)The recommendations of the Dean of College Development, or the team constituted by him, under sub-clause (c),shall be placed before the relevant authorities, bodies or officers of the University for consideration, and the directions of the same thereon shall be communicated by the Registrar to the Principal for further action by the College under the provisions of the Ordinances and Regulations.

15. (a) For the purposes of this clause and of clause 16-

(i)"approved courses of study" and "approved subjects" mean, respectively, the courses of study and the subjects for which the College is authorized to impart instructions under the provisions of this Ordinance and the other in struments;

(ii)"course of study (or subject) instituted on regular basis" mean a course of study (or a subject) in respect of which the financial requirements, including establishment and operation or maintenance expenditures, are met from the regular budget of the College; and

(iii)"course of study (or subject) organized on self-financing basis" mean a course of study ( or a subject) in respect of which the financial requirements, including establishment and operation or maintenance expenditures, are met by the College from internal sources.

(b)The courses of study for the degrees of the University, and the subjects thereunder, for which instruction was being imparted by the College, with the approval of the competent authorities of the University, immediately before the commencement of the Act, not being courses of study for which such permission ceased to have effect under the provisions of clause (3) of Statute 31, shall be deemed to the approved courses of study and subjects and the College shall be authorised, subject to the provisions of the Ordinances and Regulations, to continue imparting instruction for the same upon the commencement of this Ordinance.

(c)The courses of study and subjects for which the College has been granted permission to offer instruction, under the provisions of this clause and of clause 16, shall for the duration of such permission be included in the approved courses of study and subjects.

(d)In the case of an approved course of study or an approved subject organised on self-financing basis, on the date of the commencement of the Act or after the commencement of this Ordinance, the College shall take steps to institute such course of study or subject on regular basis before the expiry of a period of three academic years following the academic year of the commencement of this Ordinance or of the commencement of instruction in the said course of study or subject, whichever is later, failing which the College shall not be entitled to continue imparting instruction for the same:

Provided that in the case of an approved subject organised on self-financing basis under an approved course of study instituted on regular basis, the Vice-Chancellor may, upon the expiry of the said period, grant permission to the College, for good and sufficient cause and under intimation to the Academic Council, to continue imparting instruction for such subject for a further period not exceeding two years at any given time.

(e)The Governing Body may, be resolution, seek permission for imparting instruction in the College in a new subject under an approved course of study or, subject to the provisions of clause 16, in a subject under a new course of study, or in a new course of study comprising a single subject, and in such a case the Principal shall submit to the Registrar, on or before November 30 of the academic year immediately preceding the academic year from which instruction is proposed to commence for the same, an application to that effect on the Form approved by the Vice-Chancellor for the purpose (hereafter in this clause referred to as "the application"), accompanied by-

(i)a copy each of such resolution and of the Certificate (counter-signed by the Registrar) referred to in sub- clause (e) of clause 7;

(ii)a statement specifying-

(1) the existing teacher-student ratio in the College, on the ag gregate and in each of the approved courses of study and subjects:

(2) the proposed deployment of existing staff and facilities, and the proposed provisions in respect of the additional staff, ac commodation, laboratory and library facilities required, for the new course of study or subject; and

(3) the number of students proposed to be admitted to such course of study or subject;

(iii)non-refundable application and processing fees, in ac cordance with the schedule of such fees prescribed by the Executive Council, for each new course of study and each new subject applied for; and

(iv)in the case of a College not maintained by Government, an undertaking from the Governing Body to provide, in case such application is granted, additional endowment funds as prescribed by the Executive Council, for each subject under a new course of study or a new course of study comprising a single subject:

Provided that a College maintained by Government shall not be required to provide the additional endowment fund, but shall submit, with the said application, an undertaking on behalf of the Government that all necessary provisions, in terms of staff, infrastructure and funds, shall be made for new course of study or subject:

Provided further that where a subject under a new course of study, or a new course of study comprising a single subject, is proposed to be organised on self-financing basis, the application shall not be proceeded with, except in accordance with the conditions laid down in this regard by the Academic Council by Regulations.

(f)The application shall be placed, with the concurrence of the Vice-Chancellor, before the Assessment Committee of the concerned Faculty (hereafter in this clause referred to as "the Assessment Committee") comprising-

(i)in the case of an application for commencing instruction in a new subject under an approved course of study-

(I) the Dean of the Faculty (Convenor);

(ii) the Dean of College Development;

(iii) the Chairperson of the concerned Board of studies;

               (iv)    one Professor of the Faculty, not being a member 
 
                        under serial numbers (i), (ii) and (iii), nominated by                 
 
                       the Board of the concerned Faculty; and 
 
                (v)   one person, nominated by the Vice-Chancellor, from
 
                   one of the panels referred to in serial numbers (ii) and   
 
                  (iii) of sub-clause (a) of clause 14; or 
 
(i)in the case of an application for commencing instruction in 	one, or more than one, subject under a new course of study 	or in a new course of study comprising a single subject-
 
(i)the Dean of the Faculty (Convenor);
 
(ii)the Dean of College Development;
 
(iii)the Chairperson of each concerned Board of Studies;
 
(iv)two Professors of the Faculty, not being members under 	serial numbers (i), (ii) and (iii), nominated by the Board of 	the concerned Faculty; and 
 
(v)one person, nominated by the Vice-Chancellor, from 	each of the panels referred to in serial numbers (ii) and 	(iii) of sub-clause (a) of clause 14; 
 
and the Assessment Committee may, before making any recommendation on the application, seek clarifications or further information thereon from the College, through the Registrar, and also visit the College.

(g)The Assessment Committee shall, as far as possible before the first day of May, submit a recommendation to the Academic Council, with reasons, to the effect that the application be wholly or partly granted, subject to the fulfilment of such specific conditions as it may lay down before the commencement of instruction in the concerned course of study or subject, or be not granted, and the decision of the Academic Council endorsing such recommendation, or approving the same with such modifications as it may deem appropriate, shall be reported to the Executive Council.

(h)The permission ,granted under the provisions of sub-clause (g), for offering instruction in any new course of study or subject shall, subject to provisions of sub-clause (c), be for a period of five years in the first instance, but such period may be extended thereafter by the Academic Council, in the manner specified in sub-clause (i), for further periods of five years each, and any such extension shall be reported to the Executive Council :

Provided that where such permission has been granted subject to fulfilment of the specific conditions, if any, referred to in sub-clause (g), the College shall not admit or register students for the new course of study or any new subject, except after the Vice-Chancellor has approved the report of a Committee, comprising the Dean of the concerned Faculty (Convenor), the Dean of College Development and the Chairperson of each concerned Board of Studies, certifying that such conditions have duly been fulfilled.

(i)The College may, not less than three months before the expiry of any period referred to in sub-clause (h), apply for the extension thereof, on the Form approved by the Vice-Chancellor for the purpose, and the concerned Assessment Committee shall submit its recommendations thereon, with special attention to the level of enrolments in the concerned course of study or subject at the College, the results of the students at the examinations and the adequacy of academic facilities provided by the College for the students, during the preceding period, to the Academic Council for decision:

Provided that the College may continue offering instruction in the concerned course of study or subject pending the decision of the Academic Council on the matter.

(j)Where the Governing Body resolves, specifying reasons, that an approved course of study or subject in the College, other than a course referred to in sub-clause (l), be discontinued from a particular academic year, such resolution along with the proposals of the Governing Body on the provisions in respect of the staff that may consequentially be rendered surplus and the instructional arrangements for students of the higher classes of the course of study or subject upon the discontinuance of the initial Part or year thereof, shall be referred, with the concurrence of the Vice-Chancellor, to a Committee comprising-

(i)the Dean of the concerned Faculty (Convenor);

(ii)the Dean of College Development;

(iii)the Chairperson of the Board of Studies in each con cerned subject; and

(iv)one person nominated by the Vice-Chancellor, from the panel referred to in serial number (ii) of sub-clause (a) of clause 14,

and the recommendations of the Committee shall be placed before the Academic Council, and further action on the said resolution and proposals shall be taken in accordance with the decision of the Academic Council, which shall be reported to the Executive Council:

Provided that upon the recording by the Executive Council of the approval of the Academic Council for such discontinuance, the Governing Body shall be entitled to disinvest and re-appropriate, to one accounts of the College, the endowment fund, or additional endowment fund, for the concerned course or study or subject.

(k) The Academic Council may, with the approval of the Executive Council, direct the College not to admit students to an approved course of study or subject, other than a course referred to in sub-clause (l), if the conditions laid down for commencing or imparting instruction for such course or subject have, in the opinion of the Academic Council, been disregarded by the College:

Provided that such instruction shall not commence or be imparted again, except if the Academic Council, upon the fulfilment of the said conditions to its satisfaction, directs the College to that effect with the approval of the Executive Council.

Provided further that any such direction of the Academic Council shall be reported to the University Grants Commission.

(l)Where that Governing Body resolves to seek permission for organising instruction, in accordance with syllabi approved by the Academic Council, for a Diploma (not being a Post-graduate Diploma) or Certificate of Proficiency course-

(i)assigned to a Faculty, including a course sanctioned by the University Grants Commission, which may be offered on add-on basis by students of the College enrolled for degree courses of study; or

(ii)assigned to the Institute of Professional Studies, which has been approved by the Governing Body of the Insti tute, on the recommendation of the Academic Committee thereof, for being offered by the College,

the Principal may submit an application to that effect, along with the proposals of the College on the seats, instructional arrangements and fees and other charges for the course, for endorsement by the Dean of the concerned Faculty, or the Director of the said Institute, as the case may be, and the Vice-Chancellor may grant such permission, upon such endorsement, on the basis of the recommendations of the Dean or the Director in respect of each of the said proposals:

Provided that said permission shall, in the first instance, be for a period not exceeding five years, and may be extended by the Vice-Chancellor for similar periods, after consultation with the Dean or the Director, or may be withdrawn by him, for good and sufficient cause, before the expiry of any such period, on the recommendation of the Board of the concerned Faculty or the Governing Body of the Institute, as the case may be, or on the request of the College:

Provided further that the commencement and discontinuance of such courses in the College shall be reported to the Academic Council and the Executive Council, and also to other relevant authorities and bodies.

(m) The College shall stand divested of its privileges in respect of any approved course of study or subject, if it fails to send up, for three successive years, any candidate for the concerned examination or examinations conducted by the University.

16.(a) An application of the Governing Body, under serial number (ii) of sub-clause (d) of clause 15 (hereafter in this clause referred to as "the application"), for permission to commence instruction for an approved subject, or for an approved course of study comprising a single subject, at the Post-graduate level, except for the Master's degree in a professional subject, shall be governed by the provisions of sub-clauses (b) and (c).

(b) The application shall be processed under the following policy considerations-

(i)that the academic and curricular integrity of Post-graduate    	education under the University is preserved;
 
(ii)that there is assurance of conformity and consistency with the 	standards of Post-graduate instruction in the subject in the     	University;
 
(iii)that the College has well-established provisions for graduate-	level instruction in the subject; and
 
(iv)that the College has adequate academic resources and infra	structure for offering the subject at Post-graduate level, without 	prejudice to the quality of the existing instruction in the subject 	at the graduate-level,

and the further stipulations that instruction is being offered in the concerned subject at the Post-graduate level in the University by a Department, and that the number of approved whole-time teaching posts in the College are not less than six in the case of a subject that has provision for Laboratory work and, subject to the minimum required complement of teaching staff prescribed by the apex body in the case of a professional subject, not less than four in any other subject.

(c) The application shall be governed by the provisions of sub-clauses (e), (f), (g), (h), (i), (j), (k) and (m) of clause 15, mutatis mutandis and subject to the following exceptions, modifications and further provisions-

(i)a proposal for organising instruction in the concerned subject on self-financing basis, or with the help of teachers who are not University Recognised Teachers or are non-regular teachers, or entailing the reduction of seats or the discontinuance of any existing Section, or necessitating the services of additional non-regular teachers for instructional purposes, in the subject at the graduate level, shall not be considered;

(ii)the application shall state the names and the academic quali fications of the University Recognised Teachers of the College who would be deployed for the theory and practical classes in the concerned subject, and the proposed Time Table submitted therewith shall specify the distribution of the theory and practic al classes of all Parts of the subject between the teachers so deployed, and shall not assign, to any one teacher, more than two theory Papers in any such Part of the subject, and more than three theory Papers in all such Parts taken together;

(iii)the application shall be considered by the Assessment Com mittee comprising the following members (hereafter in this clause referred to as "the Assessment Committee")-

(1)the Dean of the concerned Faculty (Convenor);

(2)the Dean of College Development;

(3)the Head and the senior-most teacher (other than the Head) of the concerned Department;

(4)one Professor of the Faculty, not being a member under serial numbers (i), (ii) and (iii), nominated by the Board of the concerned Faculty; and

(5)one person, nominated by the Vice-Chancellor. from each of the panels referred to in serial numbers (ii) and (iii) of sub-clause (a) of clause 14;

(iv) the Assessment Committee shall, in drawing up the recom mendation referred to in sub-clause (g) of clause 15, address the considerations and stipulations specified in sub-clause (b) and also the resultant teacher-student ratio in the College in the concerned subject in case the application is granted, and the decision of the Academic Council on the application shall be subject to the approval of the Executive Council, and shall also be reported to the University Grants Commission, prior to implementation;

(v)the permission, granted under the provisions of serial number (iv), to offer instruction in the concerned subject at the Post- graduate level shall be for a period of five years in the first in stance, but such period may be extended thereafter by the Academic Council, after consulting the Assessment Committee on each occasion, for further periods of three years each:

Provided that where such permission has been granted subject to the fulfilment of specific conditions before the commencement of instruction, the provisions of sub-clause (h) of clause 15 shall apply with the modification that the Committee referred in the proviso thereto shall comprise the Dean of the concerned Faculty (Convenor), the Dean of College Development and the Head of the concerned Department:

(vi)the Committee referred to in sub-clause (j) of clause 15 shall comprise-

(1)the Dean of the concerned Faculty (Convenor);

(2)the Dean of College Development;

(3)the Head of the concerned Department; and

(4)one person nominated by the Vice-Chancellor, from the panel referred to in serial number (ii) of sub-clause (a) of clause 14; and

(vii) all admissions to the concerned subject at Post-graduate level shall be made by the University, and the candidates qualifying for admission shall be assigned, in the order of merit up to the limit of the approved seats, to the College of their preference for registration.

(d) A College that has been granted permission to impart instruction at Post-graduate level may, with the approval of the Vice-Chancellor, in the manner laid down in sub-clause (l) of clause 15, organise instruction for a Post-graduate Diploma course in a subject, or field, related to the approved subjects for which such permission has been granted, and the provisions of the said sub-clause (l) shall apply to all matters pertaining to such course.

(e) The University may, by Ordinance, provide for the participation of the University Recognised Teachers of any College in a subject in which the College does not impart instruction at the Post -graduate level, in accordance with their qualifications, in Post-graduate teaching either in the concerned Department or in specially organised Post-graduate classes.

17. (a) The University may enlarge the privileges of a College, by granting , for a specified period and under specified conditions, privileges additional to those assigned by, or under, this Ordinance, in respect of such of the approved courses of study and subjects as it may determine, and may augment, curtail or terminate, all or any of such additional privileges, in accordance with the provisions of the Ordinance XXXVI, which shall be subject to the provisions of this Ordinance.

(b) A College that has been granted additional privileges, under the provisions of sub-clause (a), shall , subject to the supervision and control of the Academic Council and without prejudice to the powers assigned to the Boards of the Faculties by the Statutes and the Ordinances, have autonomous status with regard to the manner of the planning and conduct of its academic affairs for such of the approved courses of study and subjects as are within the ambit of the said additional privileges."

ORDINANCE XXXVI : GRANT OF AUTONOMOUS STATUS TO

CONSTITUENT COLLEGES

(Under clauses (1), (2) and (3) of Statute 31, read with clauses (k) and (m) of Section 27)

ORDINANCE

1. For the purposes of this Ordinance, except if the context requires otherwise -

(i) "approved courses of study" and" approved subjects" mean, respectively, the courses of study and the subjects for which the College is authorised to impart instruction under the provisions of Ordinance XXXV;

(ii) "College" means a Constituent College;

	(iii)	"Governing Body" means the Governing Body of the 		College, as constituted under sub-clause (a) of 			clause 4 of Ordinance XXXV; and 
 
	(iv)	"Principal" means the Principal of the College.
 

 
2. 	(a) The University may, in pursuance of the provisions of clause 17 of Ordinance XXXV, grant permission to a College to exercise additional privileges under autonomous status for a specified period, and-
 
(i)extend such period;
 
(ii)vary or withdraw the additional privileges prior to the expiry of such period or of any extension thereof; and
 
(iii)review the working and performance of the College under autonomous status, at specified intervals or whenever the        Academic Council so deems necessary;

Provided that the College shall not be eligible for the grant of such additional privileges, except if the approved courses of study and subjects in the College for degrees, and the approved subjects thereunder, are assigned to not less than two Faculties of the University, and the said additional privileges shall not extend to such approved courses of study and subjects as are governed by clause 16 of Ordinance XXXV:

Provided further that such grant shall not prejudice the conduct of instruction by the College, in accordance with the provisions of Ordinance XXXV, for any approved course of study or subject that is not within the ambit of the said additional privileges.

(b) A College that has been granted, under the provisions of sub-clause (a), additional privileges under autonomous status (hereafter in this Ordinance referred to as "a College with autonomous status") shall continue to be governed by the provisions of Ordinance XXXV, including the SCHEDULE thereto, and by other Ordinances and Regulations, except in respect of matters that have specifically been provided for differently by this Ordinance.

(c) A College with autonomous status that is in receipt of grants, or other support, under the scheme or guidelines of the University Grants Commission for Autonomous Colleges, shall without prejudice to the provisions of this Ordinance, fulfil the conditions laid down by the University Grants Commission in respect of the drawal and utilisation of such grants or in respect of such other support.

3. (a) Subject to the provisions of this Ordinance, a College with autonomous status shall exercise, in a manner conducive to the maintenance of the standards of education, the following additional privileges in respect of the approved courses of study and subjects that are within the ambit of such status (hereafter in this Ordinance referred to as the "recognised courses of study" and "the recognised subjects", respectively) -

(i)the modification of the syllabi laid down by the University;

(ii)the variation of the rules or norms in force in the University in respect of modes of admission, instruction, examination and      evaluation; and
 
(iii)the organisation, conduct and preparation of the results of    examinations.

(b) All proposals of the College for the exercise of the additional privileges, referred to in sub-clause (a), shall come into effect in the form in which they are, in accordance with the procedure specified in this Ordinance, finalised by the Academic Council and approved by the Executive Council, after appropriate amendments (by way of alterations or additions) have been made in the relevant Ordinances and Regulations and the rules laid down thereunder."

From the aforesaid statutory provisions, it is clear that the Ewing Christian College was declared as constituent college by the University of Allahabad under Statute 31 (1) (iv) and sub-clause (3) of Statute 31 provides that where under the provisions of the Uttar Pradesh State Universities Act, 1973 a Constituent College had been granted permission by the predecessor University to impart instruction for a Post-graduate degree other than the degree of Bachelor of Laws or to exercise the privileges of an Autonomous College, such permission shall cease to have effect upon the expiry of the academic year immediately following the academic year during which the Act has commenced or of the period for which such permission had been granted by the predecessor University, whichever is earlier. A right has been conferred on the Constituent College concerned to apply afresh for such permission in accordance with the provisions of the Statutes and the Ordinances after the enforcement of Act No.26 of 2005. Thus, the constituent College, which was earlier conferred the privilege of autonomy is obliged under law to make fresh application for grant of status of autonomy under Act No. 26 of 2005 after expiry of one academic year for being conferred the privileges of autonomous college in accordance with the Statutes and Ordinances under Act No.26 of 2005.

Autonomy on earlier occasion in terms of Section 41 and Statute 20.01 to 20.08 was accorded based on subject course wise, and it was not at all whole sole autonomy. After enforcement of Central Act No.26 of 2005, Statutes and Ordinances have been framed. Ordinance XXXV deals with grant of autonomous status. Same confers privilege on the institution to impart education in approved courses of studies and approved subjects. Clause 1 of Ordinance XXXVI and clauses 15 and 16 of Ordinance XXXV provide that "approved courses of study" and "approved subjects" means respectively the course of study and the subjects for which the College is authorized to impart instruction under the provisions of Ordinance and the other instruments. "Approved courses of study" and "approved subjects" are the key words to the issue raised Course of study or subject instituted on regular basis has been defined and means a course of study or a subject in respect of which, the financial requirements, including establishment and operation of maintenance expenditures are met from the regular budget of the College. The course of study or subject organized on self financing basis means a course of study or a subject in respect of which, the financial requirements, including establishment and operation of maintenance expenditures are met by the College from the internal sources. Sub-clause (b) of clause 15 provides that the courses of study for the degrees of the University, and the subjects thereunder, for which instructions was being imparted by the College, with the approval of the competent authorities of the University, immediately before the commencement of the Act, not being courses of study for which such permission ceased to have effect under the provisions of clause (3) of Statute 31 shall be deemed to the approved courses of study and subjects and the College shall be authorized, subject to the provisions of the Ordinances and the Regulations, to continue imparting instructions for the same upon the commencement of the Ordinances. Thus, it is writ apparent from conjoint reading of Clauses 15 and 16 of Ordinances XXXV and Clause 1 of Ordinance XXXVI that permission to College to commence instructions is for approved subjects or approved courses of study and same may even contain single subject. College can impart instructions only qua said courses of study and subject for which it is accorded permission by the University of Allahabad and freedom to impart instructions, is only in reference to the courses and the subjects which have been approved. Autonomy is granted to the institution not in whole sole, but for the approved courses of study and approved subjects, in respect of which application is moved and on the condition specified being fulfilled, the institution is free to impart instructions. The institution may be given complete autonomy, but the status of autonomy will not go beyond approved courses of study and subjects, as it does not dilute the other provisions of the Statute and Ordinances, as are applicable to the concerned constituent college and the University. Autonomy to institution is totally co-related with approved courses of study and approved courses.

Sheet anchor of the petitioners' argument is that as per the UGC guidelines qua autonomous colleges wherein pursuant to National Policy of Education, which came into existence in 1986 as per the instance of the Government of India, Department of Education, Ministry of Human Resources and Development, wherein it was resolved that autonomous colleges will be helped to develop in large numbers with the concept of autonomy and freedom introduced with an accountability. Petitioners submit that as per guidelines action has been taken, and the University also in its turn had sent its nominee for acting as member of the Governing Body. Further the University sent one nominee, and it was specifically mentioned therein that the same was made as per clause 8 of the guidelines and the scheme of the autonomous college issued by the University Grant Commission. The University also sent its nominee to participate in the meeting of the Academic Council. The petitioners are making capital of 11th plan of the U.G.C. Guidelines, as per which in order to extend the scheme of autonomy of the college full fledged criteria has been provided for, which deals in relationship with parent University, State Government and other educational institutions. As per the said guidelines, role of the parent University has been provided for and one of them is to promote the academic freedom by autonomous college by implementing XI plan's guidelines to do every thing possible to foster the spirit of autonomy. It also provides that autonomy granted to the institution is institutional and covers all the courses at U.G., P.G., Diploma, M. Phil., which are being run by the institution at the time of conferment of autonomous status and all courses introduced by the institution after the conferment of autonomous status shall automatically come under the purview of autonomy. U.G.C. Guidelines are therefore holding the field of conferment of autonomous status and the way and manner in which autonomous institutions are to function. It also provides for minimum role of the University to be played in the same. Petitioner submits that the said guidelines are binding on the University, and University had acted also as per the guidelines, in this background in the garb of Ordinances, academic freedom accorded to petitioners institution be not sanctioned and they be given liberty to hold examination and admit students, as per their choice.

Once under the Central Act Ordinances have been framed and the same have been ratified by the Parliament and published in gazette, which is clearly referable to Schedule VII List I Entry 66, then can such guidelines be permitted to by pass the specific procedure provided for in the Ordinances of the University. XIth Plan of U.G.C. Guidelines are general in nature and it applies to the institutions having autonomous status. As far as Ordinances of University of Allahabad are concerned, it deals with the institutions which are affiliated to the University of Allahabad under the Central enactment. Once the Ordinances have statutory flavour, then guidelines to the extent that they are in conflict with the guidelines, will have to give way to the Ordinances, as it is special law on the subject, i.e. it deals with affiliated institutions. Law on the subject is clear that general provisions will always have to give the way to the special provision (See Tata Motors Ltd. vs. Pharmaceutical Company, 2003 (7) SCC 619). The general law does not abrogate any special law by mere implication (See P. Raghava Kurup v. V. Anantthakumari, (2007) 9 SCC 179). In such a situation and in this background, once Parliament in its wisdom has framed Ordinances holding the field of according privileges of autonomy based on approved courses of study and approved subjects, then in such a situation and in this background, the claim of petitioner as a mater of course to run courses cannot be approved of, in view of specific mandate provided in the Ordinances, unless and until, the guidelines of U.G.C. are incorporated as part of Ordinances, same are of no consequence, and will not give any legally enforceable right to the petitioners to run courses, which are not at all approved by the University.

Vis-a-vis the provisions of U.G.C. Act and the provisions as contained under U.P. State Universities Act, 1973, Hon'ble Apex Court in the case of Dr. Rashmi Srivastava vs. Vikram University, 1994 J.T. (4) SC 51, has held that in exercise of the powers conferred under the provisions of the University Grants Commission Act, 1956, the Commission recommended implementation of Merit Promotion Scheme for University. This Scheme was accepted by the University and various promotions were made. The question that was to be determined was whether a Merit Promotee Reader or Professor in the service of the University could be treated at par with directly recruited Reader or Professor for the purposes of fixing inter-se seniority. The Supreme Court examined as to whether there was any provision in the Act dealing with promotion under the Merit Promotion Scheme and in paragraph 38 of the judgment, the relevant portion of which is reproduced below, the Supreme Court observed as follows:-

"A resume of relevant provisions of the merit promotion scheme and the relevant provisions of the Vikram University Act to which we have made reference earlier clearly shows that when the Act was enacted in 1973 the State Legislature had not contemplated any promotion of a Lecturer as Reader or Reader as Professor as the case may be. All the relevant Ordinances and Statutes will therefore have to be read in that light. It is not possible to agree with the contention of the learned counsel for appellants that Section 49 as enacted can take in its sweep even departmental promotees.

.............................

It is also pertinent to note that in the year 1973 the subsequent merit promotion scheme of 1982 would never have been under contemplation of the Legislature. It must therefore be held on a conjoint reading of the relevant provisions of the Act that only one source of recruitment of University teachers namely, Professors and Readers and even of Lecturers is contemplated and that source is by way of direct recruitment. If that is so and if under merit promotion scheme as recommended by the Commission which was adopted by the respondent no. 1 University, any departmental candidate is to be promoted, he would be so promoted dehors Section 49 and would obviously be an ex-cadre Reader or Professor as the case may be.

.............................

Unless Section 49 is suitably amended and a separate source of recruitment by way of internal promotion is contemplated by the Act there would remain no occasion of undertaking any exercise of fixing inter se seniority between ex cadre employees and cadre employees. It is not in dispute between the parties that neither the Act nor any Ordinances or Statutes of respondent no. 1 University even remotely whisper about creation of a separate recognized source of recruitment of Professors and Readers by way of departmental promotions. It is of course true as indicated by Dr. Dhavan appearing for the interveners that in some of the Universities even Ordinances have been issued accepting such new source of promotion of University teachers under the merit promotion scheme. But even if it is so that would make no difference as it is the parent Act, namely, University Act concerned which should contemplate creation of new source of recruitment by way of departmental promotions of University teachers. Unless that is done mere issuance of Ordinances or Statutes to that effect which to that extent would conflict with the parent Act would be of no avail and would be an exercise in futility. They would also be ultra vires the Act. It must therefore be held that unless the concerned University Acts under which the Universities are functioning, by suitable amendments provided for an additional source of recruitment of Readers and Professors by way of departmental promotions, mere adoption of merit promotion scheme recommended by the Commission or mere decision of the Coordination Committee or Executive Committee not to discriminate between merit promotees and direct recruit University teachers and even issuance of Ordinances or Statutes to that effect would be of no avail and will not have any legal effect nor would they permit the concerned Universities to fuse the cadre employees with ex-cadre employees and to prepare a combined seniority list on that basis."

Thereafter in yet another case, where U.G.C. gave directions for enhancing the age of superannuation of teachers from 62 to 65 years, vide decision dated 27.07.1998. This Court in the case of Prof. C.P. Jha vs. Vice Chancellor, Allahabad University, 2000 (2) UPLBEC 1134, took the view that neither the Central Government nor the U.G.C. has any authority to amend the Act or Statute.

Hon'ble Apex Court, in the case of Bharti Vidyapeeth vs. State of Maharashtra, 2004 (11) SCC 755, while dealing with Deemed University, status accorded to Bharti Vidyapeeth, in reference to Schedule VII List I Entry 66 and List III Entry 25, has taken the view that once said status has been conferred by Central Government, then State has no legitimate competence to make any law. In the said judgment itself in paragraph 28, Hon'ble Court has struck a note in respect of institutions which are affiliated to University, and has clearly proceeded to mention that such institution may be controlled in regard to admission as condition of affiliation.

Merely because in the past experts had been provided for by the University,as per U.G.C. Guidelines, same will not at all be taken as estoppel against the University, as law on the subject is clear that there is no estoppel against statute. Judgment of Calcutta High Court in writ petition No.13686 of 2009, Suraj Kumar vs. University of Calcutta, relied upon by petitioners will not at all come to rescue of petitioners, in view of the specific provision as contained in Ordinances enforced through Central enactment while declaring University of Allahabad as an institution of National Importance. Right to confer degree, under Section 22 of UGC Act, has been conferred upon the University and interest of society also requires that holder of academic degree must possess requisite proficiency and expertise in the subject which the degree certifies. For fulfillment of such an object, in the Ordinance provision has been made to get approval from the University qua approval of courses of study and subjects. For running and imparting instructions, qua any course of study and subject, the institution in question will have to fall in line, as per the Ordinances, by getting approval of "courses of study" and "subjects" and prior to it imparting of any instruction in the said courses or subjects, would be treated as imparting of instructions, in "unapproved courses of study and unapproved subjects".

The Supreme Court has repeatedly held that subversion of law in such cases should not be subscribed, as this would also be subversive of academic discipline. In A.P. Christians Medical Educational Society v. Govt. of A.P. reported in (1986) 2 SCC 667, the Supreme Court observed:

"We cannot by our fiat direct the University to disobey the statute to which it owes its existence and the regulations made by the University itself. We cannot imagine anything more destructive of the rule of law than a direction by the court to disobey the laws."

In N.M. Nageshwaramma Vs. State of A.P. 1986 Supp SCC 166, the Supreme Court held that the private institutions unauthorisedly established were invariably ill-housed, ill-staffed and ill-equipped. If the Government is directed to permit the students admitted into those institutions, to appear in the examination, we will practically be encouraging and condoning the establishment of unauthorised institutions. It is not appropriate that the jurisdiction of the court either under Article 32 or Article 226 of the Constitution should be frittered away for such a purpose. So the request to permit the students who had training in unrecognised schools was deprecated by this Court.

The aforesaid decisions were considered by the Supreme Court in the case of State of Tamil Nadu & Ors,. Vs. St. Joseph Teachers Training Institute & Anr., (1991) 3 SC 87 and in paragraph 6 of the judgment it was observed:-

"The practice of admitting students by unauthorised educational institutions and then seeking permission for permitting the students to appear at the examination has been looked with disfavour by this Court. In N.M. Nageshwaramma Vs. State of A.P. 1986 Supp SCC 166 this Court observed that if permission was granted to the students of an unrecognised institution to appear at the examination, it would amount to encouraging and condoning the establishment of unauthorised institutions. The Court declared that the jurisdiction of this Court under Article 32 or of the High Court under Article 226 of the Constitution should not be frittered away for such a purpose. In A.P. Christians Medical Educational Society V. Government of A.P. (1986) 2 SCC 667 a similar request made on behalf of the institution and the students for permitting them to appear at the examination even though affiliation had not been granted, was rejected by this Court. The court observed that any direction of the nature sought for permitting the students to appear at the examination without the institution being affiliated or recognized would be in clear transgression of the provision of the Act and the regulations. The court cannot be a party to direct the students to disobey the statute as that would be destructive of the rule of law. The Full Bench noted these decisions and observations and yet it granted relief to the students on humanitarian grounds. Courts cannot grant relief to a party on humanitarian grounds contrary to law. Since the students of unrecognised institutions were legally not entitled to appear at the examination held by the Education Department of the government, the High Court acted in violation of law in granting permission to such students for appearing at the public examination. The directions issued by the Full Bench are destructive of the rule of law. Since the Division Bench issued the impugned orders following the judgment of the Full Bench, the impugned orders are not sustainable in law."

In Student of Dattartraya Adhyapak Vidyalya V. State of Maharashtra, SLP (C) No. 2067 of 1991, decided on 19.2.1991 the Supreme Court held thus:-

"We are coming across cases of this type very often where allegations are made that innocent students are admitted into unrecognised schools and are made to suffer. Some courts out of compassion occasionally interfere to relieve the hardships. We find that the result of this situation is total indiscipline in the field of regulation."

In State of Maharashtra Vs. Vikas Sahebrao Roundale & Ors,. (1992) 4 SCC 435, the Supreme Court observed as follows:-

"For equipping such trainee students in a school or a college, all facilities and equipments are absolutely necessary and institutions bereft thereof have no place to exist nor entitled to recognition. In that behalf compliance of the statutory requirements is insisted upon. Slackening the standard and judicial fiat to control the mode of education and examining system are detrimental to the efficient management of the education. The directions to the appellants to disobey the law is subversive of the rule of law, a breeding ground for corruption and feeding source for indiscipline. The High Court, therefore, committed manifest error in law, in exercising its prerogative power conferred under Article 226 of the Constitution, directing the appellants to permit the students to appear for the examination etc."

In C.B.S.E. & Anr,. Vs. P. Sunil Kumar & Ors,. (1998) 5 SCC 377, the Supreme Court observed as follows:-

"We are conscious of the fact that our order setting aside the impugned directions of the High Court would cause injustice to these students. But to permit students of an unaffiliated institution to appear at the examination conducted by the Board under orders of the Court and then to compel the Board to issue certificates in favour of those who have undertaken examination would tantamount to subversion of law and this Court will not be justified to sustain the orders issued by the High Court on misplaced sympathy in favour of the students."

Consequently, writ petition, as has been framed and drawn, is dismissed, for reason that institution in question cannot be permitted to impart instructions, take admission; hold examinations vis-a-vis "unapproved courses of study" and "subjects".

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is a whole body of teachers and scholars engaged at a particular place in giving and receiving instructions in higher branches of learning; and as such persons associated together as a society or corporate body, with definite organization and acknowledged powers and privileges and forming an institution for promotion of education in higher or more important branches of learning and also the colleges, building and other property belonging to such body. Other necessary attributes of University are plurality of teachers teaching more than one higher faculties and other facilities for imparting instructions and research, provision for residence and must have certain standard of instructions providing for graduate and post-graduate levels of study. It pre-supposes existence of a campus, classrooms, lecture theatres, libraries, laboratories, offices, besides some playgrounds and also sport facility for overall development of personality of the students. However, under the provisions of the impugned Act, a proposal which is on paper and merely gives some kind of a plan or scheme to be done in future is notified as a University. When the Constitution has conferred power on the State to legislate on incorporation of University, any Act providing for establishment of the University must make such provisions that only an institution in the sense of University as it is generally understood with all the infrastructural facilities, where teaching and research on wide range of subjects and of a particular level are actually done, acquires the status of a University."

"20.01. The Management of an associated college desirous of obtaining the privileges of an Autonomous College shall apply to the Registrar specifying clearly-

(b) the manner in which the college proposes to hold examinations in the courses so varied;

	(c)    	the details of its finances and assets, the strength and qualifications of its teaching staff, the facilities available, for the advanced research work, and the advanced research work already done, if any.
 
	.........
 
	20.08		(1) Subject to the provisions of Section Autonomous College shall be entitled---
 
			(a)	to frame the courses in the subjects covered by 				its privileges;
 
			(b)	to appoint persons qualified to be appointed as 				internal or external examiners  of such subject;
 
			(c)	to hold examinations and to make such changes 				in the method of examination and teaching as in 				the opinion or conducive the maintenance of the 				standard of education."

After earlier provision has been examined, the Court may now examine the provisions of the Act No. 26 of 2005 with reference to the grant of privilege of autonomy to constituent colleges.

" Section-7. The University shall have the following powers, namely:--

........

(xiii) to confer autonomous status on a college or an institution or a Department, as the case may be, and to withdraw such status, in accordance with the Statutes;

Section-8. (1) .............

Section-14. (1) The Vice-Chancellor shall be appointed by the Visitor in such manner and on such terms and conditions of service as may be prescribed by the Statutes.

Provided that such exercise of power shall be made only in emergent situations and in no case in respect of creation, and upgradation of posts and appointments thereto:

Provided further that if the authority concerned is of the opinion that such action ought not to have been taken, it may refer the matter to the Visitor whose decision thereon shall be final:

Section-27. Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:-

(k) the conditions under which colleges and institutions may be admitted to the privileges of the University and the withdrawal of such privileges;

(m) the conferment of autonomous status on a college or institution or a Department and the withdrawal of such status;

Section 29. ................

Section-44. (1) Every Statute, Ordinance or Regulation made under this Act shall be published in the Official Gazette.

Section- 45. (1) Notwithstanding anything contained in this Act and the Statutes,---

Reference may also be had to the following First Statutes of the University of Allahabad (Central University), as per Schedule Appended to the Act No. 26 of 2005, relevant for our purposes.

31. (1) The following shall be Constituent Colleges, namely:--

(iv) Ewing Christian College, Allahabad;

"Ordinance XXXV: Constituent Colleges

(iv)the Deans of the Faculties to which the courses of study in the College are assigned; and

(v)the Dean of College Development:

Provided that the Registrar shall be the Secretary to the Panel of Inspectors, and shall provide it with all necessary facilities:

Provided further that the panels referred to in serial numbers (ii) and (iii) shall ordinarily be renewed at intervals of three years:

Provided further that the failure of the College to comply with any such direction shall constitute a breach of the conditions referred to in sub-clause (b) of clause 1.

15. (a) For the purposes of this clause and of clause 16-

(i)a copy each of such resolution and of the Certificate (counter-signed by the Registrar) referred to in sub- clause (e) of clause 7;

(ii)a statement specifying-

(1) the existing teacher-student ratio in the College, on the ag gregate and in each of the approved courses of study and subjects:

(3) the number of students proposed to be admitted to such course of study or subject;

(i)in the case of an application for commencing instruction in a new subject under an approved course of study-

(I) the Dean of the Faculty (Convenor);

(ii) the Dean of College Development;

(iii) the Chairperson of the concerned Board of studies;

               (iv)    one Professor of the Faculty, not being a member 
 
                        under serial numbers (i), (ii) and (iii), nominated by                 
 
                       the Board of the concerned Faculty; and 
 
                (v)   one person, nominated by the Vice-Chancellor, from
 
                   one of the panels referred to in serial numbers (ii) and   
 
                  (iii) of sub-clause (a) of clause 14; or 
 
(i)in the case of an application for commencing instruction in 	one, or more than one, subject under a new course of study 	or in a new course of study comprising a single subject-
 
(i)the Dean of the Faculty (Convenor);
 
(ii)the Dean of College Development;
 
(iii)the Chairperson of each concerned Board of Studies;
 
(iv)two Professors of the Faculty, not being members under 	serial numbers (i), (ii) and (iii), nominated by the Board of 	the concerned Faculty; and 
 
(v)one person, nominated by the Vice-Chancellor, from 	each of the panels referred to in serial numbers (ii) and 	(iii) of sub-clause (a) of clause 14; 
 
and the Assessment Committee may, before making any recommendation on the application, seek clarifications or further information thereon from the College, through the Registrar, and also visit the College.

(g)The Assessment Committee shall, as far as possible before the first day of May, submit a recommendation to the Academic Council, with reasons, to the effect that the application be wholly or partly granted, subject to the fulfilment of such specific conditions as it may lay down before the commencement of instruction in the concerned course of study or subject, or be not granted, and the decision of the Academic Council endorsing such recommendation, or approving the same with such modifications as it may deem appropriate, shall be reported to the Executive Council.

Provided that the College may continue offering instruction in the concerned course of study or subject pending the decision of the Academic Council on the matter.

(i)the Dean of the concerned Faculty (Convenor);

(ii)the Dean of College Development;

(iii)the Chairperson of the Board of Studies in each con cerned subject; and

(iv)one person nominated by the Vice-Chancellor, from the panel referred to in serial number (ii) of sub-clause (a) of clause 14,

Provided further that any such direction of the Academic Council shall be reported to the University Grants Commission.

(i)assigned to a Faculty, including a course sanctioned by the University Grants Commission, which may be offered on add-on basis by students of the College enrolled for degree courses of study; or

(b) The application shall be processed under the following policy considerations-

(i)that the academic and curricular integrity of Post-graduate    	education under the University is preserved;
 
(ii)that there is assurance of conformity and consistency with the 	standards of Post-graduate instruction in the subject in the     	University;
 
(iii)that the College has well-established provisions for graduate-	level instruction in the subject; and
 
(iv)that the College has adequate academic resources and infra	structure for offering the subject at Post-graduate level, without 	prejudice to the quality of the existing instruction in the subject 	at the graduate-level,

(iii)the application shall be considered by the Assessment Com mittee comprising the following members (hereafter in this clause referred to as "the Assessment Committee")-

(1)the Dean of the concerned Faculty (Convenor);

(2)the Dean of College Development;

(3)the Head and the senior-most teacher (other than the Head) of the concerned Department;

(4)one Professor of the Faculty, not being a member under serial numbers (i), (ii) and (iii), nominated by the Board of the concerned Faculty; and

(5)one person, nominated by the Vice-Chancellor. from each of the panels referred to in serial numbers (ii) and (iii) of sub-clause (a) of clause 14;

(vi)the Committee referred to in sub-clause (j) of clause 15 shall comprise-

(1)the Dean of the concerned Faculty (Convenor);

(2)the Dean of College Development;

(3)the Head of the concerned Department; and

(4)one person nominated by the Vice-Chancellor, from the panel referred to in serial number (ii) of sub-clause (a) of clause 14; and

ORDINANCE XXXVI : GRANT OF AUTONOMOUS STATUS TO

CONSTITUENT COLLEGES

(Under clauses (1), (2) and (3) of Statute 31, read with clauses (k) and (m) of Section 27)

ORDINANCE

1. For the purposes of this Ordinance, except if the context requires otherwise -

(ii) "College" means a Constituent College;

	(iii)	"Governing Body" means the Governing Body of the 		College, as constituted under sub-clause (a) of 			clause 4 of Ordinance XXXV; and 
 
	(iv)	"Principal" means the Principal of the College.
 

 
2. 	(a) The University may, in pursuance of the provisions of clause 17 of Ordinance XXXV, grant permission to a College to exercise additional privileges under autonomous status for a specified period, and-
 
(i)extend such period;
 
(ii)vary or withdraw the additional privileges prior to the expiry of such period or of any extension thereof; and
 
(iii)review the working and performance of the College under autonomous status, at specified intervals or whenever the        Academic Council so deems necessary;

(i)the modification of the syllabi laid down by the University;

(ii)the variation of the rules or norms in force in the University in respect of modes of admission, instruction, examination and      evaluation; and
 
(iii)the organisation, conduct and preparation of the results of    examinations.

.............................

In Student of Dattartraya Adhyapak Vidyalya V. State of Maharashtra, SLP (C) No. 2067 of 1991, decided on 19.2.1991 the Supreme Court held thus:-

In State of Maharashtra Vs. Vikas Sahebrao Roundale & Ors,. (1992) 4 SCC 435, the Supreme Court observed as follows:-

In C.B.S.E. & Anr,. Vs. P. Sunil Kumar & Ors,. (1998) 5 SCC 377, the Supreme Court observed as follows:-

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