Karnataka High Court
Krupanidhi College Of Pharmacy vs Rajiv Gandhi University Of Health ... on 3 September, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:35731
WP No. 23038 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION No. 23038 OF 2024 (EDN-RES)
BETWEEN:
KRUPANIDHI COLLEGE OF PHARMACY
REGISTERED UNDER THE REGISTRATION ACT OF 1908
12/1, CHIKKA BELLANDUR,
CARMELARAMGUNJUR ROAD
VARTHURHOBLI, OFF SARJAPUR ROAD
BENGALURU - 560 035.
REPRESENTED BY ITS DIRECTOR
DR. SAMUEL PAUL ISAAC.
...PETITIONER
(BY SRI. MAHDUSUDHAN R. NAIK, SENIOR COUNSEL FOR
SRI. KIRAN J AND SRI. TUSHAR ANAND, ADVOCATES)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
Digitally
ESTABLISHED UNDER THE RAJIV GANDHI UNIVERSITY
signed by OF HEALTH SCIENCES, KARNATAKA ACT 1994
CHETAN B C 4TH BLOCK, JAYANAGAR,
Location: BANGALORE - 41
HIGH COURT
OF REP BY ITS VICE CHANCELLOR.
KARNATAKA
2. UNIVERSITY GRANTS COMMISSION
ESTABLISHED BY AN ACT OF PARLIAMENT IN 1956
BAHADUR SHAH ZFAR MARG,
NEW DELHI - 110 002.
REPRESENTED BY ITS SECRETARY.
...RESPONDENTS
(BY SRI DEEPAK SHETTY, ADVOCATE FOR R1
SRI SRIKAR JAYAGOVIND, ADVOCATE FOR R2)
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WP No. 23038 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-1
(RGUHS) TO COMPLY WITH THE DIRECTIVES ISSUED BY R-2 ON
28.11.2023 AND TO ISSUE THE NECESSARY NOTIFICATION
GRANTING AUTONOMOUS STATUS TO THE PETITIONER COLLEGE
IN ACCORDANCE WITH THE UGC (CONFERMENT OF
AUTONOMOUS STATUS UPON COLLEGES AND MEASURES FOR
MAINTENANCE OF STANDARDS IN AUTONOMOUS COLLEGES)
REGULATIONS 2023 (ANNX-E) AND ETC.,
THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioner has sought for the following reliefs:-
" a. Issue a writ of mandamus or any other
appropriate writ, order, or direction directing Respondent No.
1 (RGUHS) to comply with the directives issued by
Respondent No. 2 on 28.11.2023 and to issue the necessary
notification granting autonomous status to the petitioner
college in accordance with the UGC (Conferment of
Autonomous Status Upon Colleges and Measures for
Maintenance of Standards in Autonomous Colleges)
Regulations, 2023. (Annexure-E).
b. Issue a writ of mandamus or direction
compelling Respondent No.1(RGHUS) to consider the
representation dated: 13.03.2024 and to issue the required
notification granting autonomous status to the petitioner
college. (Annexure-A).
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c. Issue a writ of mandamus or direction declaring
that the failure to act on the directives of Respondent No.2
dated: 28.11.2023 and the petitioner's representation dated:
13.03.2024 constitutes arbitrary and unlawful conduct.
(Annexure-E and A).
d. Grant such other relief as this Hon'ble court
may consider just and appropriate in the facts and
circumstances of the case."
2. The petitioner is a Pharmacy college affiliated with the 1st
respondent - RGUHS. On 10.07.2023, the petitioner submitted an
Online application to the 2nd respondent - UGC seeking
autonomous status in terms of the University Grants Commission
(Conferment of Autonomous Status upon Colleges and Measures
for Maintenance of Standards in Autonomous Colleges)
Regulations, 2023 (for short 'the UGC Regulations'). In pursuance
of the same, the 2nd respondent - UGC held the requisite meeting
on 03.11.2023 and approved conferring of autonomous status in
favour of the petitioner - College for a period of 10 years from the
academic year 2024-25 to 2033-34 in accordance with clause 7.5
of the UGC Regulations. Subsequently, UGC issued a
communication dated 28.11.2023 calling upon the 1st respondent -
RGUHS to issue necessary Notification for granting autonomous
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status to the petitioner - College within 30 days in terms of
Regulation 4.2 of the UGC Regulations.
3. Since the 1st respondent - RGUHS failed to comply with
the aforesaid communication dated 28.11.2023 issued by the 2nd
respondent - UGC, the petitioner submitted a representation dated
22.12.2023 to the RGUHS requesting it to issue necessary
notification regarding grant of autonomous status in favour of the
petitioner. Since the RGUHS did not take any steps in this regard,
the UGC issued a general communication dated 10.01.2024 calling
upon all Universities including RGUHS to implement the
autonomous status granted by the UGC in favour of all colleges
including the petitioner - college.
4. It is the grievance of the petitioner that since RGUHS did
not take necessary steps to issue notification regarding
autonomous status, petitioner submitted representations dated
17.01.2024, 15.02.2024 and 13.03.2024, despite which the
RGUHS did not comply with the requests made by the petitioner
and instead issued a Notification dated 23.07.2024 fixing the last
date for admission to Pharmacy courses as 15.10.2024 and as
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such, the petitioner is before this Court by way of the present
petition.
5. Respondent No.2 - UGC has fully supported the claim of
the petitioner and submitted that in the light of autonomous status
already conferred by it in favour of the petitioner - college, the 1st
respondent - RGUHS was bound to issue a notification in terms of
clause 4.2 of the UGC Regulations and necessary directions may
be issued against RGUHS for issuance of necessary notification
regarding grant of autonomous status in favour of the petitioner and
the petition may be disposed of accordingly.
6. The 1st respondent - RGUHS has filed its statement of
objections opposing the petition and contended that on 12.03.2024,
the Committee of Academic Council of RGUHS had recommended
not to issue NOC in favour of the petitioner for running autonomous
colleges and on 26.08.2024, the syndicate of RGUHS in its 187th
meeting accepted the recommendation of the said committee vide
Annexure-R1 and as such, the petitioner would not be entitled to
seek autonomous status. It is submitted that the RGUHS Act
prevails over the UGC Act and Regulations, since the same were
not ratified by the Parliament as required under Section 28 of the
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UGC Act. It is also submitted that the right to confer a degree is to
be exercised only by RGUHS and not by UGC and the powers and
functions of RGUHS to regulate the functioning of an Affiliated
College is vested only with the RGUHS and not the UGC. The 1st
respondent - RGUHS has put forth various other contentions in its
statement of objections and has sought for dismissal of the petition.
7. Heard learned Senior counsel for the petitioner and
learned counsel for the respondents and perused the material on
record.
8. In addition to reiterating the various contentions urged in
the petition and referring to the material on record as well as the
written submissions filed by the petitioner, learned Senior counsel
for the petitioner would submit that the petition deserves to be
allowed.
9. Learned counsel for the 1st respondent - RGUHS would
reiterate the various contentions urged in the statement of
objections and submit that there is no merit in the petition and that
the same is liable to be dismissed.
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10. Learned counsel for 2nd respondent - UGC would
support the claim of the petitioner and submit that the petition may
be allowed.
11. I have given my anxious consideration to the rival
contentions and perused the material on record.
12. A perusal of the material on record will indicate that
UGC Regulations made in exercise of powers under Section 26 of
the UGC Act 1956 were notified on 3rd April 2023 in furtherance of
and under the new National Education Policy and it provides for
'identifying' and 'conferment of autonomous status' to the Colleges
that have excelled. A Standing Committee of the UGC, the
Prescribed Authority under the University Grants Commission had
considered the application and found that the petitioner-College is
eligible and suited, had 'granted the approval' and communicated
to the affiliating University - RGUHS on 28.11.2023 to issue
necessary Notification contemplated under clause 4.2 of the UGC
Regulations. In this context, it is relevant to extract Regulation 4 of
the UGC Regulations, which read as under:-
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4. ROLE OF THE PARENT UNIVERSITY:- The role
of the parent University in general and subject to the
provisions of Regulations will be as under:
4.1. To examine the application of the College for
autonomous status on the UGC portal and give its
recommendations, along with reasons and justification,
within 30 working days on the UGC portal. If the parent
University does not respond on the UGC portal within 30
working days, it shall be presumed that parent University has
no objections to the processing of the application by the
UGC for conferment of autonomous status.
4.2. Issue notification within 30 days for a college to
function as an autonomous entity once the autonomous
status is conferred on the College by UGC.
4.3 The College, on attaining autonomous status will
continue to be affiliated with the parent University but will
enjoy the privileges of autonomy.
4.4. To provide nominees on various Statutory Bodies
of the Autonomous College.
4.5. To facilitate the implementation of these regulations.
13. A perusal of the aforesaid UGC Regulations will indicate
that in the absence of any recommendation 'within 30 days', as per
clause 4.1, presumption arising of University having 'no objection'
to the processing of the application, authority of the UGC having so
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processed after the said period of 30 days and granting 'approval'
and communicating on 28.11.2023, it is required of the parent
University to issue a notification within 30 days thereof for the
college to function.
14. In other words, as per Regulation 4 of UGC
Regulations, once a college submits an application to the UGC
seeking autonomous status, it is incumbent upon the RGUHS to
give its recommendations along with reasons / justifications within
30 working days on the UGC portal; Regulation 4.1 also
contemplates that if RGUHS does not respond on the UGC portal
within 30 working days, there shall be a presumption that RGUHS
has no objection to the processing of the application by the UGC
for conferment of status; it follows there from that in the event
RGUHS does not respond within 30 working days, there is a
deeming no objection (NOC) that is deemed to have granted in
favour of the College by RGUHS for UGC to grant autonomous
status. Regulation 4.2 also contemplates that pursuant to express
NOC or deemed NOC granted by RGUHS for grant of autonomous
status, the UGC shall proceed to issue a Notification within 30 days
from the date of either express / deemed grant of NOC by RGUHS.
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The said Notification issued by UGC will confer autonomous status
in favour of the college. In pursuance of the same, Regulation 4.3
contemplates that on attaining autonomous status, the college will
continue to be affiliated with RGUHS but will enjoy the privileges of
autonomy.
15. The procedure for grant of autonomous status in favour
of the petitioner - College and the role of RGUHS in this regard is
detailed in the UGC Regulations, in particular, Regulation 4
referred to supra; in this context, the undisputed material on record
clearly indicates that on 10.07.2023, the application of the
petitioner was uploaded on the UGC portal in terms of the
Regulations and since RGUHS did not give its recommendations
within 30 working days from that date, the RGUHS is deemed to
have granted no objection (NOC) in favour of the petitioner -
college in terms of Regulation 4.1 of the UGC Regulations and
there is a deeming presumption that RGUHS did not have any
objection for grant / conferment of autonomous status by UGC in
favour of the petitioner - college.
16. In pursuance of the same, UGC held a meeting on
03.11.2023 (after expiry of more than 30 days from 10.07.2023)
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and granted / conferred autonomous status in favour of the
petitioner - college. Upon the UGC conferring autonomous status
in favour of the petitioner - college on 03.11.2023 as stated supra,
it was incumbent upon RGUHS to issue a Notification within 30
working days from 03.11.2023 in terms of Regulation 4.2 of the
UGC Regulations.
17. The material on record also discloses that since RGUHS
did not take any steps to issue a Notification within 30 days as per
Regulation 4.2 and despite communication dated 28.11.2023
issued by UGC to RGUHS and repeated representations dated
22.12.2023, 10.01.2024, 17.01.2024, 15.02.2024 and 13.03.2024
submitted by the petitioner to RGUHS in this regard, the petitioner
has approached this Court by way of the present petition.
18. The aforesaid facts and circumstances clearly establish
that upon conferment / grant of autonomous status by the UGC in
favour of the petitioner - college on 03.11.2023, it was incumbent
upon RGUHS which was duty bound to issue a Notification in
favour of the petitioner within 30 days as contemplated in
Regulation 4.2 of the UGC Regulations and in view of the inaction
on the part of RGUHS to do so, I am of the view that necessary
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directions are to be issued to RGUHS to issue a Notification in this
regard in favour of the petitioner - college to function as an
autonomous entity within a stipulated time frame.
19. Insofar as the contention of RGUHS that on 12.03.2024,
its committee of Academic Council issued a recommendation not to
issue NOC in favour of the petitioner for conferment of autonomous
status and the said recommendation was accepted by the RGUHS
syndicate on 26.08.2024 is concerned, it is relevant to state that it
is an undisputed fact that on 10.07.2023 itself, the petitioner had
filed an application which was uploaded on the UGC portal and
upon expiry of 30 working days, the petitioner would be entitled to
the benefit of deemed NOC by virtue of the deeming provision
contained in Regulation 4.1 of the UGC Regulations; in other
words, the right of either the UGC or its committee to object to
grant of autonomous status by UGC in favour of petitioner - college
came to an end after 30 working days from the date of the
petitioner's application dated 10.07.2023 and consequently, the
recommendation made by the committee highly belatedly on
12.03.2024 was clearly beyond the stipulated period of 30 working
days from 10.07.2023 and as such, no reliance can be placed upon
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the said recommendation by RGUHS in support of its claim; in any
event, the recommendation of the committee was accepted only on
26.08.2024 during the pendency of the present petition, which was
preferred on 20.08.2024 and the said decision taken by RGUHS on
26.08.2024 vide Annexure-R1 is clearly a post - litem decision /
document which cannot be made the basis by RGUHS to decline to
issue a Notification for grant of autonomous status in favour of the
petitioner especially when the UGC had already / undisputedly
conferred autonomous status upon the petitioner - college as long
back as on 03.11.2023 itself and the said contention of RGUHS
cannot be accepted.
20. Insofar as the various other contentions / submissions of
both sides including the written submissions and judgments relied
upon by them, in view of the facts and circumstances referred to
above and the deemed NOC granted in favour of the petitioner and
the conferment of autonomous status by UGC in favour of the
petitioner, the said contentions, submissions, written submissions
and judgments relied upon by both sides need not be adverted to
for the purpose of the present order and the same are not dealt
with it extensively.
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21. In the result, I pass the following:-
ORDER
(i) Petition is hereby allowed.
(ii) The Resolution of the Committee of Academic Council of
the 1st respondent - RGUHS dated 12.03.2024 and decision taken
by the Syndicate of the 1st respondent - RGUHS in its Meeting
dated 26.08.2024 are hereby quashed insofar as they relate to the
petitioner - College.
(iii) The 1st Respondent-RGUHS is directed to issue
necessary notification regarding grant of autonomous status in
favour of the petitioner-college in terms of Annexure-E dated
28.11.2023 issued by the 2nd respondent - UGC within a period of
two weeks from the date of receipt of a copy of this order.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
MDS/SRL
