Madras High Court
New Prince Shri Bhavani College vs University Grants Commission on 6 April, 2023
W.P.No.10787 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 06.04.2023
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH
W.P.No.10787 of 2023 and
WMP.No.10731 of 2023
New Prince Shri Bhavani College
of Engineering and Technologym
represented by its Chairmanm
Vengaivasal Main Road,
Sandhosapuram,
Chennai 600073. ... Petitioner
Vs
1.University Grants Commission,
represented by its Secretary,
Bahadur Shah Zafar Marg,
New Delhi 110002.
2.Anna University
represented by its Registrar,
Chennai 600025. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying to issue a writ of Mandamus to direct the 1st Respondent University
Grants Commission to pass order on the application of the Petitioner institution
for grant of fresh autonomous status for the academic year 2023-24 dated
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1
W.P.No.10787 of 2023
09.03.2023 sent on 09.03.2023 and received on 10.03.2023 independently as
per Regulation 7.4 of the University Grants Commission (Conferment of
Autonomous Status Upon Colleges and Measures for Maintenance of Standards
in Autonomous Colleges) Regulations 2018.
For Petitioner : Mr.Muthumani Doraisami
For Respondents : Mr.Meenakshi Sundaram
Standing Counsel
ORDER
The petitioner is a College of Engineering and Technology and has
approached this Court seeking a mandamus directing the first respondent, being
the University Grants Commission (UGC)/R1, to pass orders on its application
for grant of fresh autonomous status for academic year 2023-24, pursuant to its
application dated 09.03.2023 independently, as per Regulation 7.4 of the
University Grants Commission (Conferment of Autonomous Status upon
Colleges and Measures for Maintenance of Standards in Autonomous Colleges)
Regulations 2018 (UGC 2018 Regulations).
2.Similarly placed colleges have been approaching this Court routinely
seeking identical orders and necessity for the same arises from the action of
Anna University arrayed as R2 in this writ petition and hereinafter refer to as
R2. To trace the history, the Mahendra Institute of Technology had filed a writ
petition in WP.No.29486 of 2019 seeking to quash a communication of R2
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W.P.No.10787 of 2023
dated 31.07.2019 and a consequential direction to UGC to issue necessary
orders with respect to its autonomous status.
3.The order challenged in that writ petition had been passed by R2
rejecting the request to notify autonomous status as per clause 4.1 of the UGC
2018 Regulations. The stand of R2, while rejecting the request for such
notification was that that Institute has not satisfied the requirements under a
resolution passed on 27.05.2014 being the 231st meeting of the University
Syndicate wherein certain guidelines had been formulated for forwarding of
applications for grant of autonomous status.
4.An order was passed by a learned Single Judge on 26.11.2019 wherein
after detailed discussion, this Court concluded that it is the UGC which is the
statutory body conferred with the power to grant autonomous status and the
parent university being Anna University does not have an over-riding power
under the guise of either the resolution passed in 2014 or the 2018 regulations
of the Anna University. To be noted that all parties before me are in
consonance with the position that the 2014 resolution and the 2018 guidelines
of Anna University are identical and read as follows:
'AWARD OF FRESH AUTONOMOUS STATUS
GUIDELINES
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W.P.No.10787 of 2023
Guidelines for forwarding the applications received from Colleges
to UGC for Award of Fresh Autonomous Status.
1) The college should have at least 10 years of existence.
2) The colleges must be accredited by either NAAC with
minimum 'A' Grade or by NBA for at least three
programme(s) with a minimum score of 675 individually or a
corresponding accreditation Grade/Score from a UGC
empanelled accreditation agency. However, if the number of
programme(s) being run by the Institution is less than three,
then each of the programmes should secure 675 or more
marks. Accreditation status must be valid at the time of
application.
3) Average experience of the eligible faculty should be atleast 4
years for all the courses put together which are offered for the
last 10 years or more including the faculty belonging to General
Engineering, Science and Humanities. The experience in that
particular institution alone should be taken into account.
4) Students enrollment in the first year should be at least 60%
of the sanctioned intake on an average during the last three years.
5) The overall pass percentage of the students in the University
examinations shall be not less than 70% on an average over
the last three years.
6) The College should have an 'h' index of 10 or above as on
date.
7) Whether the College comes Under section 2(f) of UGC act
( Orginal to be Verified)'
5.In conclusion, learned Judge quashes letter dated 31.07.2019 of Anna
University and directs it to act in tune with clause 4.1 of the regulations within
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W.P.No.10787 of 2023
30 days from date of pronouncement of the order. Clause 4.1 of the UGC 2018
regulations reads thus:
'4.ROLE OF THE PARENT UNIVERSITY
4.1 To forward the application of the college for
autonomous status/provide nominee on the Expert
Committee/various Statutory Bodies and issue notification within
30 days for a college to function as an autonomous entity once
autonomous status is conferred on the college.'
6.The order of the learned Single Judge came to be challenged before the
Division Bench by Anna University in W.A.No.51 of 2018 and the Writ Appeal
was dismissed, the First Bench of this Court holing the unequivocal view that
the 2018 UGC Regulations governed the field and thus there could be no
regulations framed by the Anna University either by way of the Syndicate
Resolution dated 27.05.2014 or the 2018 Anna University Regulations, which
would override the UGS regulations. The eligibility for grant of autonomous
status would thus flow from the 2018 UGC Regulations only. This order was
carried further in appeal by Anna University in SLP.Nos.8324 and 8325 of
2020 that, by order dated 24.07.2020, came to be dismissed on 24.07.2020 at
the stage of admission.
7.Thus, three judges of the Hon'ble Supreme Court have categorically
held that there is no merit in the SLP filed by Anna University. A review of the
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W.P.No.10787 of 2023
order passed by the First Bench in W.A.No.51 of 2020 was sought at the
instance of Anna University and by order dated 17.06.2020, Review
Application No.46 of 2020 was dismissed as lacking merit. However, R2,
undeterred by the position that the Hon'ble Apex Court has made it clear that it
would be the UGC 2018 Regulations that occupy the field as regards the grant
of autonomous status, has continued to reject applications filed by educational
institutions finding the applications wanting qua its own 2018 Regulations.
8.In fact, the regulations of Anna University have been the subject matter
of challenge in W.P.Nos.1603 and 1834 of 2020 in the case of Sengunthar
Charitable Trust and another v. Anna University and another and by order
dated 16.03.2020 learned single Judge of this Court has, referring to the order
passed in Writ Appeal by the First Bench, allowed the writ petitions. The only
distinction between those matters and the present writ petition is that in those
matters the challenge was at the final stage where Anna University had rejected
the request for Notification whereas the present challenge is at the initial stage
itself where the application of the petitioner for grant of Autonomous Status has
not been forwarded to UGC citing conflict with the Anna University 2018
Guidelines. To be noted that both situations are covered under clause 4.1 of the
2018 UGC Regulations.
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W.P.No.10787 of 2023
9.That apart, and what pains the Court, is the obvious and apparent
contempt by Anna University in not adhering to the dictum of the orders of not
just this Court, but the Hon'ble Supreme Court to the effect that it is the UGC
2018 Regulations that would prevail in matters concerning the grant of
autonomous status. Even pursuant to having failed in defending the challenge
to the 2018 University Guidelines, Anna University continues undaunted, to
insist upon its own regulations in preference of those of the UGC.
10.The petitioner has annexed with this writ affidavit, orders in
WP.Nos.14351 of 2021 (dated 06.09.2021), 21961 of 2022 (dated 22.08.2022),
24797 of 2022 (dated 29.09.2022), 25506 of 2022 (dated 29.09.2022), 27361 of
2022 (dated 14.10.2022), 27369 of 2022 (dated 14.10.2022), 30822 of 2022
(dated 18.11.2022) and 31272 of 2022 (dated 19.01.2023), wherein identical
prayers as before me have been made by those Educational Institutions. Those
writ petitions have been allowed, this Court directing UGC to consider the
applications for Autonomous Status without being influenced by the actions of
Anna University.
11. It is indeed unfortunate that educational institutions are forced to
approach this Court seeking mandamus in a matter where the orders of the
Hon’ble Supreme Court and this Court (First Division Bench and Single
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W.P.No.10787 of 2023
Judges), have clearly settled the legal position in their favour. The role of an
Apex body to regulate Educational Institution in the State is to facilitate and
further the cause of education and not frustrate the same.
12.In the present case, the impugned order reads thus:
'Letter No.504/AU/CAC/Autonomous/2023 21.03.2023
Speaking Order (LoR)
Sub Anna University – Center for Academic Courses – New Prince
Shri Bhavani College of Engineering and Technology, Chennai-
600 073 – Forwarding the Applications to UGC for Accord of
Academic Autonomy – Rejected – Reg.
Ref 1.Letter received from the Principal, New Prince Shri Bhavani
College of Engineering and Technology, dated 16.02.2023 and
application processing fee received on 24.02.2023
2.Letter No.504/AU/CAC/2023, dated 20.02.2023.
.....
It is informed that the New Prince Shri Bhavani College of
Engineering and Technology, Chennai-600 073 has submitted an
application with regard to grant of Autonomous Status. It is also
informed that, as per the Clause 7.3 of University Grants Commission
regulation 2018, the Affiliating University is vested with authority to
forward the application to University Grants Commission for the
award of Autonomous Status. Further, it also suggests that, if the
proposal is rejected then that decision is to be communicated to the
college and University Grants Commission through a Speaking Order.
Considering the above, the University Syndicate had approved the
norms vide Resolution No.250.14, dated 09.11.2018 & Resolution
No.260.17, dated 16.02.2021 for forwarding the proposal to
University Grants Commission. The application submitted by the
Principal, New Prince Shri Bhavani College of Engineering and
Technology, Chennai-600 073 has been scrutinized with due diligence
and the following observations have been made.
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W.P.No.10787 of 2023
Sl. Description Prescribed Actual
No.
1. Existence of the College 10 years 15 years
2. Whether the College comes Under Yes Yes
section 2(f) of UGC act
3. Students enrollment in the first year 60% 46.08%
(Last three Academic Years)
4. Pass percentage of the students in the 70% 79.76%
University examinations (Last three
years)
5. Experience of the faculty member 4 years 4 years 7
(atleast 4 years for all the courses put months
together which are offered for the last
10 years or more including the faculty
belonging to General Engineering,
Science and Humanities)
6. College Accreditation NAAC A grade NAAC A+
or NBA Score Grade
675 for atleast 3
programmes
The college satisfied 10 years of existence, experience of the faculty
member, NAAC accreditation Students pass percentage and comes
under section 2(f) of UGC act. However, the college has not satisfied
Students enrollment and h Index as prescribed above.
Based on Clause 7.3 of University Grants Commission Regulations and
subsequent norms approved by the University Syndicate. University has
taken a decision not to forward the application to the University Grants
Commission for the said reasons.
This is issued with the approval of the competent authority.'
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W.P.No.10787 of 2023
13.The reasons assigned for not forwarding the petitioner’s application to
UGC is that the petitioner has not satisfied 'students enrollment' and 'h index' as
prescribed in the 2018 Anna University Guidelines. This is apparent from a
comparison of the 2018 Anna University Guidelines, 4 and 6 with Serial Nos.3
and 7 in the tabular column extracted above. The 2018 guidelines have been
extracted at paragraph 4 above.
14.Thus, despite the judgment of the Hon'ble Supreme Court, it is its own
Regulations that Anna University insists upon, and this cannot be
countenanced. It is this act of the University that has resulted in so many
instances where institutions have had to approach this Court time and again
merely to seek and obtain mandamus to the effect that UGC must consider its
application 'uninfluenced by the non-forwarding of the application by Anna
University'. Even before me, the stand of all parties, including learned counsel
for the University, is that such orders are routinely sought and granted.
15.For the above reasons, Anna University is put to terms and shall pay a
sum of Rs.1,00,000/- (Rupees one lakh only) to the Cancer Institute, Adyar,
Chennai-600 020 within a period of two weeks from the date of receipt of a
copy of this order. As far as the relief sought for in this writ petition is
concerned, mandamus is issued to R1 to consider application dated 09.03.2023
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W.P.No.10787 of 2023
on its own merits and in accordance with its Regulations and pass orders within
a period of six (6) weeks from date of receipt of a copy of this order.
16.This writ petition is allowed in terms of the above order, with costs.
Connected miscellaneous petition is closed.
06.04.2023
vs
Index : Yes
Speaking Order
Neutral Citation : Yes
To
1.University Grants Commission,
represented by its Secretary,
Bahadur Shah Zafar Marg,
New Delhi 110002.
2.Anna University
represented by its Registrar,
Chennai 600025.
https://www.mhc.tn.gov.in/judis
W.P.No.10787 of 2023
Dr.ANITA SUMANTH, J.
vs
W.P.No.10787 of 2023 and
WMP.No.10731 of 2023
06.04.2023
https://www.mhc.tn.gov.in/judis
