Jharkhand High Court

Manipal-Tata Medical College vs Union Of India on 30 January, 2025

Author: Deepak Roshan

Bench: Deepak Roshan

   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     W.P. (C) No.5718 of 2024
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1. Manipal-Tata Medical College, through its Dean, Dr. Pradeep Kumar Gouda, aged about 69 years, Son of GB Vittal Rao, having his residence at 7331 Amarnath Block, Vijaya Gardens, P.O and P.S Baridih, Jamshedpur, Dist-East Singhbhum, represented through Power of Attorney Holder Dr. Rajiva Dwivedi, Director of Academic Administration & Quality aged about 57 years, Son of Late Radha Raman Dubey, having his residence at C Type Flat - 47, Near Tube makers club, P.O and P.S Namda Basti, Kalimali Jamshedpur, Dist-East Singhbhum.

2. Manipal Academy of Higher Education, through its Registrar, Dr. P. Giridhar Kini, aged about 50 years, Son of P. Nagesh Kini, having his residence at Tiger Circle Road, P.O and P.S Madhav Nagar, Dist.- Manipal, Karnataka 576104, represented through POA, Dr. Rajiva Dwivedi, Director of Academic Administration & Quality aged about 57 years, Son of Late Radha Raman Dubey, having his residence at C Type Flat - 47, Near Tube makers club, P.O and P.S Namda Basti, Kalimali Jamshedpur, Dist-East Singhbhum. ....Petitioners Versus

1. Union of India, Ministry of Education, Secretary Higher Education, Department of Higher Education, through its Secretary, officiating from his office at Shastri Bhawan, P.O and P.S Central Secretariat, Dist- New Delhi-110001.

2. University Grants Commission, through its Secretary officiating from his office at Bahadurshah Zafar Marg, P.O and P.S Central Secretariat, Dist- New Delhi-110002.

3. Tata Steel Ltd., through its designated officer officiating from his office at Tata Steel Plant Area, Jamshedpur, P.O and P.S Bistupur, Jamshedpur, Dist- East Singhbhum, Jharkhand 831001. ....Respondents

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CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN

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For the Petitioner : Mr. Gopal Subramanium, Sr. Advocate Mr. Nikhil Nayyar, Sr. Advocate Mr. Ajit Kumar, Sr. Advocate Mr. Ashok Panigrahi, Sr. Advocate Mrs. Smita Sinha, Advocate Mr. Parth Jalan, Advocate Ms. Shivani Jaluka, Advocate Mr. ⁠Ayush, Advocate For the Resp.-UOI : Mr. Anil Kumar, Addl. S.G.I. Ms. Chandana Kumari, A.C. to ASGI

Mr. Kumar Swapnil, A.C. to ASGI For the Resp.-UGC : Mr. Atanu Banerjee, Advocate

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07/Dated:-30.01.2025

1. Mr. Gopal Subramanium, learned senior counsel

submits that ultimately, the Gazette Notification has been passed

and now, no grievance subsists, accordingly, the instant writ

application may be disposed of.

2. Mr. Anil Kumar, learned Addl.S.G.I. submits that

though he was directed to file an affidavit, but he could not file the

affidavit.

3. Be that as it may, the Gazette notification which has

been submitted by learned senior counsel for the petitioner is

taken on record. For brevity, the same is extracted herein below:

" MINISTRY OF EDUCATION (DEPARTMENT OF HIGHER EDUCATION) New Delhi, the 10th January 2025 No. 11/5/2018-U3(A):--Whereas, the Central Government is empowered under Section 3 of the University Grants Commission (UGC) Act, 1956 to declare, on the advice of the UGC, a centre to be an off-campus centre of an Institution of Eminence deemed to be University.

2. And Whereas, in exercise of the powers conferred by Section 3 of the UGC Act, 1956, the Central Government, vide its Notification No. 11-9/2019-U.3(A) Pt. dated 14.10.2020, on the advice of the University Grants Commission ("UGC"), had declared Manipal Academy of Higher Education, Manipal, Karnataka as an Institution of Eminence Deemed to be University as per Clause 8.6 of the UGC (Institutions of Eminence Deemed to be Universities) Regulations, 2017.

3. And Whereas, Manipal Academy of Higher Education, Manipal, Karnataka ("MAHE") had started an off-campus centre in the year 2020 by the name of Manipal Tata Medical College ("MTMC") at Jamshedpur in Jharkhand with the permission of National Medical Commission ("NMC").

4. And Whereas, The Hon'ble High Court of Jharkhand in its judgement dated 13.05.2021 in W.P.(C) No. 3588 of 2020, directed the MAHE to submit an application for getting post facto permission for establishment of off campus centre which shall be processed by the Department of Higher Education, Ministry of Education, expeditiously as an exceptional case.

5. And Whereas, MAHE submitted an application in offline mode for ex-post facto approval, as an exceptional case, of its Off-Campus Centre at Jamshedpur in Jharkhand on 17.06.2021 to the Ministry of Education.

6. And Whereas, The Hon'ble High Court of Jharkhand in its judgement dated 24.10.2024 directed the department to file specific affidavit regarding the steps taken by it in compliance of the judgment dated 13.05.2021 passed in W.P. (C) No.3588 of 2020.

7. And whereas, due to completion of the term of Empowered Expert Committee (EEC), UGC was requested to constitute an Expert Committee for examining the application of off-campus of MAHE by the name of MTMC. The Expert Committee conducted its appraisal on 20.11.2024 based on the documents submitted by the Institution and made its recommendations to the UGC along with following suggestions:--

i. As stipulated in the Regulations, the institution should evolve as a multi-disciplinary research and teaching campus having at least 3 faculties with a minimum of 300 teachers and 3000 students by the end of ten years of the starting of the Off-Campus Centre.

ii. Currently, there is no PG programme being offered in the off-campus centre. MAHE

should evolve a plan to introduce PG programmes, in order to comply with the provisions of the Regulations.

iii. The off-campus should take necessary steps to create awareness about Internal Complaint Committee (ICC), Anti Ragging Cell, etc. among the students. iv. The institution shall extend the lease period of the land for a minimum period of 30 years. v. Some faculty members are possessing only M.Sc. qualification. The institution should ensure that faculty members are recruited with minimum qualifications as prescribed by the regulatory body concerned.

8. And whereas, the recommendations of the Expert Committee were considered and approved by the UGC in 586th meeting of the Commission held on 23.12.2024. The advice on behalf of the Commission was forwarded by UGC to the Ministry of Education vide a letter no. 2-5/2018 (IoE/ Munities) dated 02.01.2025.

9. Now, therefore, in exercise of the powers conferred by Section 3 of the UGC Act, 1956, the Central Government, taking into account the recommendation of the Expert Committee and advice of the UGC, hereby grant ex-post facto approval for the off-campus of Manipal Academy of Higher Education, Manipal, Karnataka at Jamshedpur in Jharkhand by the name of Manipal-Tata Medical College.

10. The declaration as made in Para 9 of this Notification shall be further subject to strict compliance with / fulfilment of the following conditions, by the off-campus centre within a period not exceeding five years, contained in the UGC (Institutions of Eminence Deemed to be Universities) Regulations, 2017 and UGC (Institutions of Eminence Deemed to be Universities) (Amendments) Regulations, 2021 and any other relevant notification(s), rules, regulations and directions issued by this Ministry, UGC and any other Statutory bodies from time to time, as the case may be:--

i. Teacher student ratio shall not be more than 1:20 OR shall be as per the requirement of the concerned Statutory Council(s). The teacher student ratio shall be 1:10 at the end of the five years. The faculty for this purpose shall include the regular faculty, adjunct faculty, overseas faculty, visiting faculty, contractual faculty, industry faculty and tenure track faculty, or faculty as otherwise permitted by the Statutory Council(s) concerned. At least sixty per cent. of the faculty shall be appointed on permanent/regular basis.

ii. A minimum of five hundred students on its rolls under regular class room mode with one third PG/Research students.

        iii.    Five PG programmes.
         iv.    Research Programmes.
          v.    Built up area of not less than thirty square metres per student which shall include

academic (academic buildings, library, lecture hall, laboratories, etc.), administrative (hostels, faculty residences, health care), common and recreational facilities. Provided that at the time of starting the programme(s), the academic and physical infrastructure at the proposed off-campus centre(s) shall be in accordance with the norms/standards prescribed by the UGC / concerned Statutory Council (s). Such programme shall have the approval of the relevant Statutory Council(s), wherever required. vi. The Institutions of Eminence Deemed to be University shall ensure that the norms and standards of the Off-Campus Centre shall be the same as that maintained in the main campus for similar courses, and the Off- Campus Centre shall also follow similar admission criteria, curriculum, examination system and evaluation system. All the information about the off-campus centre shall be disclosed on the website of the Institution of Eminence Deemed to be University.

vii. The Institutions of Eminence Deemed to be University shall ensure that by the end of ten years of the starting of the Off-Campus Centre, the Off-Campus Centre is evolved as a multi-disciplinary research and teaching campus having at least 3 faculties with a minimum of 300 teachers and 3000 students.

SUNIL KUMAR BARNWAL Additional Secretary"

4. Since, the grievance of the petitioners has been

redressed and nothing survives to be adjudicated; accordingly, the

instant writ application stands closed. Pending I.A., if any, also

stands closed.