Madras High Court
R.Chithra vs The Secretary on 19 February, 2021
W.P.No.2189, 2764, 2771, 3106, 3109 & 3081 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.02.2021
CORAM
THE HONOURABLE THIRU JUSTICE B.PUGALENDHI
W.P.No.2189, 2764, 2771, 3106, 3109 & 3081 of 2021
&
W.M.P.Nos.2478, 2479, 2480, 3499, 3501, 3504, 3112, 3114, 3116,
3120, 3122, 3124, 3512, 3514, 3515, 3522, 3523 & 3524 of 2021
W.P.No.2189 of 2021
R.Chithra ... Petitioner
Vs.
1.The Secretary,
Department of Biotechnology
Ministry of Science and Technology,
Government of India,
Block 2, CGO Complex, Lodhi Road, New Delhi - 110 003.
2.Ministry of Education,
Department of Higher Education,
Government of India,
122, 'C' Wing, Shastri Bhawan,
New Delhi - 110 001.
3.The Chairman,
All India Council for Technical Education,
Nelson Mandela Marg, VasantKunj,
New Delhi - 110 002.
4.The State of Tamil Nadu,
Rep by its Principal Secretary to Government,
Higher Education Department,
Secretariat, Chennai - 09.
1/16
https://www.mhc.tn.gov.in/judis/
W.P.No.2189, 2764, 2771, 3106, 3109 & 3081 of 2021
5.The Registrar,
Anna University,
Guindy, Chennai - 600 025.
6.The Director & Head,
Center for Biotechnology,
Anna University, Chennai - 600 025.
Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of Writ of Certiorari, calling for the records
pertaining to order dated 29.01.2021 published in the 5th respondent's
website www.biotechannauniv.com issued by the 5th respondent
canceling the admission to M.Tech (Biotechnology/M.Tech
(Computational Biology) Degree Programmes for Academic year 2020-
21 passed by the 5th respondent and quash the same.
For Petitioner : Mr.A.Saravanan
For Respondents : Mr.R.Pragadish, CGSC
(for R.1 & R.2)
Mr.B.Rabu Manohar, SC (for R.3)
Mr.E.Manoharan, Spl.G.P
(for R.4).
Mr.Vijay Kumar, SC
(for R.5 & R.6)
...in all the WPs
ORDER
All these Writ Petitions are filed as against an order of Anna
University dated 29.01.2021 with regard to the admissions to DPT
supported M.Tech Biotechnology (Computational Biology Degree
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W.P.No.2189, 2764, 2771, 3106, 3109 & 3081 of 2021
Programme) for the academic year 2020-21. By the said order, the
Anna University has informed that it is unable to proceed with the
admission to the Department of Biotechnology, Government of India
supported M.Tech Biotechnology and M.Tech (Computational Biology)
Degree Programmes for the academic year 2020-21 in view of the
confusion in implementation of the reservation policies on the
admission for the said course. The petitioners, under graduates in
Biotechnology who intended to pursue their higher education in these
courses have filed this writ petition as against the decision taken by
the Anna University.
2. The M.Tech Biotechnology degree course at Anna University
was started in the year 1985-86 and this PG Degree Course has been
wholly sponsored by the Department of Biotechnology (DPT) supported
by the Government of India. The candidates are selected through a
common entrance examination GAT-B conducted by DPT through its
Regional Centre for Biotechnology at Faridabad and they are
maintaining separate merit list of qualified students for the various
categories of students as per the Government of India norms and the
participating institutions such as the Anna University are required to fill
up the eligible candidates from the merit list published by the GAT-B
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W.P.No.2189, 2764, 2771, 3106, 3109 & 3081 of 2021
examination and as per the role of reservation applicable to the
Government of India.
3.The Anna University and 34 other institutions are selection
request for examination of this DPT supported M.Tech Biotechnology
for the academic years 2020-21 to 2024-25 by the DPT with a
condition that the University should adopt DPT terms and conditions
for implementation of this program. Certain mandatory terms and
conditions are also prescribed with regard to the faculty, selection and
admission of students, reservation policy and norms fees structures
etc. As per this terms and conditions, the University will admit students
under DPT support through centralized selection process i.e., National
Level Entrance Examination conducted by DPT recognized / approved
agency and the reservation policy shall be as per the norms of
Government of India. The Anna University is permitted to admit 45
students for this course with fellowship of Rs.12,500/- per student and
a sum of Rs.70,000/- towards consumables, theses grant and for
equipments per student is provided by the DPT approximately the DPT
is affording around Rs.1 Crore for this programme to the Anna
University.
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W.P.No.2189, 2764, 2771, 3106, 3109 & 3081 of 2021
4.In all these years, the students from Tamil Nadu are admitted
to these programmes through the National Selection process
conducted by DPT and in this year the DPT has changed this process
due to pandemic and the examination is conducted by a Nodal Agency
and the selection and admission of candidates are left to the individual
Universities. Since the selection and admission are now vested with
the Anna University, the Anna University has raised a reasonable doubt
on the rule of reservation to be adopted whether as per the
Government of India or as per the reservation policy of the
Government of Tamil Nadu.
5.The Government of India is adopting the rule of reservation as
49.5% whereas the Government of Tamil Nadu is following the rule of
reservation as 69%. The rule of reservation as per the terms and
conditions of the DPT for this programme is that the Universities have
to admit the students following the reservation policy and norms of
Government of India. Whereas, the Regional Centre for Biotechnology
the Nodal Agency of DPT which is conducting this GAT-B (Graduate
Aptitude Test - Biotechnology) Entrance Examination. In their
instructions for the GAT-B Examination has stated the reservation
policy as follows:
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W.P.No.2189, 2764, 2771, 3106, 3109 & 3081 of 2021
"RESERVATION POLICY
There will be separate merit lists of qualified students for
the various categories of students as per the Government
of India norms. The participating institutions are required
to follow the reservation rules as applicable to them."
6.The University Grants Commission has also issued a Circular to
all the Universities and deemed Universities on the implementation of
reservation policy of the Government in Universities, deemed to be
Universities, Colleges and other Grant-in-aid Institutions and Centres
as follows;
"According to UGC Act, 1956, the UGC has to ensure
effective implementation of the Reservation policy in
Universities and Institutions receiving aid from the public
funds except in Minority Institutions under Article 30(1) of
the Constitution. All centrally funded Universities/Colleges/
Institutions are required to ensure strict compliance of
Government of India orders/rules on the reservation in
their institutions. State Universities including its affiliated
its affiliated/constituent colleges and other Institutes
functioning within the State should follow the percentage
of reservation for SC/ST & OBC as prescribed by the
concerned State Government."
7.As per the instructions of the Nodal Agency namely Regional
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W.P.No.2189, 2764, 2771, 3106, 3109 & 3081 of 2021
Centre for Biotechnology and the UGC, the said Universities including
its affiliated/constituent colleges should follow the policy of reservation
as prescribed by the State Government. Whereas in the terms and
conditions of the DPT, the Universities have been directed to follow the
reservation of Government of India. Therefore, the Director of
CBT/DPT Anna University sought for a clarification from the Secretary
to Government, Higher Education, State of Tamil Nadu and the Adviser
to the Department of Biotechnology, New Delhi. As a clarification, the
Director of Biotechnology has instructed the University to follow the
reservation policy of the Government of India and the Secretary to
Higher Education Department instructed the University to follow the
rule of reservation as per the State Government's reservation policy
and suggested the University to obtain necessary permission to
implement the same. In view of the stand taken by the DBT and the
Government of Tamil Nadu, the Anna University left with no other
option passed the impugned order as on 29.01.2021, not to proceed
with the course for this year and the same is the subject matter in
these writ petitions.
8.Mr.Saravanan, learned counsel for the petitioner submits that
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W.P.No.2189, 2764, 2771, 3106, 3109 & 3081 of 2021
this course is a prestigious course, which has produced several
scientists and is in existence for several decades is sought to be
discontinued, causes great prejudice and irrepairable hardship to the
petitioners, who are aspiring to their post graduation of M.Tech (Bio-
Technology). He would further submit that in view of this stand by the
respondent / University, the aspiring students are loosing one year. It
would also affect continuity of the course. He also produced the list of
world class researchers in the field of Bio-Technology emerged from
the Anna University from the DPT Sponsored program.
9.Mr.Vijayakumar, learned counsel for the Anna University
submits that this course is entirely sponsored by the Central
Government and they are bound by the terms and conditions of the
DBT and this year since the selection and admission has been vested
with the University, this confusion arose and the Anna University has
also sought for clarification from both the Government of India and the
Government of Tamil Nadu and both the Government as well the DBT
stick on to their stand that the admission must be carried out as per
their rule of reservation and therefore, having no other option, they
have discontinued the course for this year. He further submit that the
cut off dates for admissions are also over for this year and therefore, it
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W.P.No.2189, 2764, 2771, 3106, 3109 & 3081 of 2021
is very difficult to pursue this course at this stage.
10.Mr.Pragadeesh, learned Standing Counsel submits that this
course is entirely sponsored by the Government of India and 34
institutions are selected for this programme and the DBT is supporting
this programme by providing fellowship of Rs.12,000/- per month for
each student and a sum of Rs.70,000/- for contigencies per student
and the DBT is supporting the programme by spending a sum of Rs.1
Crore and as per the terms and conditions agreed by the institutions,
the university is expected to follow the rule of reservation as adopted
by the Government of India. He also submits that the cut off date for
admission is over and therefore the course cannot be continued for
this academic year.
11.The learned Special Government Pleader Mr.Manohar
appearing for the Government of Tamil Nadu would submit that
University in the State has to follow the rule of reservation as per the
reservation policy of the State Government and has also relied on the
UGC Circular issued in this regard.
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W.P.No.2189, 2764, 2771, 3106, 3109 & 3081 of 2021
12.In view of the above such submissions made by the
respective counsels, this Court suo motu impleaded the UGC as a
respondent to this Writ Petition. The learned counsel for the UGC after
getting instructions made a submission that if the course is funded by
the Government of India then the University is expected to comply
with the reservation of Government of India. However, she requested
some more time to get the written instructions in this regard.
13.Mr.Rabu Manohar, learned Standing counsel for the University
has submitted that the cut off date for the Engineering course
(Diploma and Diploma Latter Entrance) are over by 31.12.2020 and
for this sponsoring programme, the cut off date can be extended.
Mr.E.Manohar, learned Special Government Pleader, by referring to the
order of the Hon'ble Supreme Court in Association of Management
of Private Colleges Vs. AICTE & others reported in (2013) 8 SCC
271 would submit that these courses conducted in the university does
not fall under the category of Technical Institution as defined under
Section 2(h) of AICTU Act and therefore the formal approval of AICTU
is not required.
14.The Hon'ble Supreme Court in the said judgment has raised
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W.P.No.2189, 2764, 2771, 3106, 3109 & 3081 of 2021
an issue where the colleges affiliated to University come within the
purview of execution of the definition of Technical Institution as
defined under Section 2(h) of AICTE Act held as follows:
"2(h) “technical institution” means an institution, not
being a University, which offers courses or programmes of
technical education, and shall include such other
institutions as the Central Government may, in consultation
with the Council, by notification in the Official Gazette,
declare as technical institutions;"
15.This Court paid its anxious consideration to the rival
submissions made. The M.Tech Biotechnology Course is conducted by
the Anna University from the year 1985 onwards. The Government of
India started sponsoring this course from the year 1991 and the DPT is
also sponsoring around Rs.1 Crore for the fellowship and for other
contingencies.
16.The DPT has selected 34 Institutions including the Anna
University for this sponsored programme for the academic year 2020-
21 to 2024 - 25. Certain mandatory terms and conditions were also
prescribed by the DPT HRD task force in implementing this PG
Programme. As per the terms and conditions of the DPT, the University
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W.P.No.2189, 2764, 2771, 3106, 3109 & 3081 of 2021
is expected to follow the reservation policy as per the norms of
Government of India. However, in the brochure issued by the Regional
Centre for Biotechnology, the Nodal Agency which is conducting the
Graduate Aptitude Test Biotechnology for the year 2020 the
reservation policy is mentioned as their instructions that the
participating institutions are required to follow the reservation rules as
applicable to them. The Anna University in the State of Tamil Nadu is
expected to follow the reservation policy of the State as per the UGC
guidelines. The UGC has issued a guideline that the State Universities
including its affiliated/constituent colleges functioning within the State
should follow the policy of reservation as prescribed by the concerned
State Government. However, the learned counsel for the UGC has
clarified that it is not applicable for the centrally funded/sponsored
programmes of the Universities. The University has also made it clear
that in view of the specific stand taken by both DPT and the
Government of Tamil Nadu in implementation of the reservation policy
and in view of the confusion in the brochures issued by the Nodal
Agency they have suspended the programme for this year.
17.The University is inclined to admit the students provided the
AICTE grant permission for the same. The first respondent has also
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W.P.No.2189, 2764, 2771, 3106, 3109 & 3081 of 2021
come forward to sponsor the candidates from the State of Tamil Nadu
as followed previously by them in order to avoid this confusion. The
learned counsel for AICTE on instructions of the Officers who were
present in the Court submits that the course can be continued and as it
is a sponsored programme, there is no impediment for them in
admitting the students and the cut off date is not applicable for this
course. In fact all the respondents have expressed that the course
must continue and the eligible students must be benefited.
18.In view of this stand taken by the respondents, this Writ
Petition is allowed and the impugned order is set aside with a direction
to the respondent/University to admit students as per the Government
of India norms, as it is wholly sponsored by the Government of India.
The AICTE and the first respondent shall coordinate with the
respondent/Anna University to continue this course for this academic
year without any break. The first respondent shall complete the
selection process and communicate the eligible candidates to Anna
University within two weeks. The AICTE shall accord approval of
extension of admission beyond the cut off date.
19.With the above observations, this Writ Petitions stand
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W.P.No.2189, 2764, 2771, 3106, 3109 & 3081 of 2021
allowed. No costs. Consequently, all the connected miscellaneous
petitions are closed.
mrm/kkn 19.02.2021
Index: Yes/No
Internet: Yes/No
https://www.mhc.tn.gov.in/judis/
W.P.No.2189, 2764, 2771, 3106, 3109 & 3081 of 2021
To
1.The Secretary,
Department of Biotechnology
Ministry of Science and Technology,
Government of India,
Block 2, CGO Complex, Lodhi Road, New Delhi - 110 003.
2.Ministry of Education,
Department of Higher Education,
Government of India,
122, 'C' Wing, Shastri Bhawan,
New Delhi - 110 001.
3.The Chairman,
All India Council for Technical Education,
Nelson Mandela Marg, VasantKunj,
New Delhi - 110 002.
4.The State of Tamil Nadu,
Rep by its Principal Secretary to Government,
Higher Education Department,
Secretariat, Chennai - 09.
5.The Registrar,
Anna University,
Guindy, Chennai - 600 025.
6.The Director & Head,
Center for Biotechnology,
Anna University, Chennai - 600 025.
https://www.mhc.tn.gov.in/judis/
W.P.No.2189, 2764, 2771, 3106, 3109 & 3081 of 2021
B.PUGALENDHI,J.
mrm
W.P.No.2189, 2764, 2771, 3106, 3109 & 3081 of 2021
19.02.2021
https://www.mhc.tn.gov.in/judis/
