Madras High Court
Nandha College Of Technology vs Anna University on 5 February, 2025
W.P.Nos.35, 38 and 39 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.02.2025
CORAM:
THE HON'BLE MRS.JUSTICE.N.MALA
W.P.Nos.35, 38 and 39 of 2025
and WMP.Nos.1103 to 1105 of 2025
Nandha College of Technology,
Rep. by its Principal,
Erode – Perundurai Road,
Vaikkalmedu,
Pitchandampalayam Post,
Erode – 638 052. ... Petitioners in W.P.No.35 of 2025
Mahendra College of Engineering,
Rep. by its Principal,
Attur Main Road,
Minnampalli,
Salem – 636 106. ... Petitioners in W.P.No.38 of 2025
P.S.V. College of Engineering and Technology,
Rep. by its Chairman,
Bangalore – Chennai Highway,
Mittapalli,
Balinayanapalli Post,
Krishnagiri District – 635 108. ... Petitioners in W.P.No.39 of 2025
Vs.
1.Anna University,
Rep. by its Registrar,
Chennai – 600 025.
2.University Grants Commission,
rep. by its Secretary,
1/11
https://www.mhc.tn.gov.in/judis
W.P.Nos.35, 38 and 39 of 2025
Bahadur Shah Zafar Marg,
New Delhi – 110 002. … Respondents in all W.P.Nos.
Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, to direct the 1st respondent herein to
scrupulously adhere to Regulation 4.2 of University Grants Commission
(Conferment of Autonomous Status upon Colleges and Measures for
maintenance of standards in autonomous colleges) Regulations 2023 and
forthwith notify the autonomous status granted to the petitioners College in
the order of the University Grants Commission in No.F.2-10/2023 (AC-
Policy) dated 04.09.2024, 09.09.2024 and 24.09.2024 respectively in line
with the Judgment rendered in W.A.No.51 of 2020 as confirmed in
S.L.P.(Civil) Nos.8324-8325 of 2020.
For Petitioner (in all W.P.Nos.) : Mr.Kandhan Duraisami
For R1 (in all W.P.Nos.) : Mr.Bharanidharan
Standing Counsel
For R2 (in all W.P.Nos.) : Mr.B.Rabu Manohar
*****
COMMON ORDER
These Writ Petitions are filed to direct the 1st respondent herein to
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W.P.Nos.35, 38 and 39 of 2025
scrupulously adhere to Regulation 4.2 of University Grants Commission
(Conferment of Autonomous Status upon colleges and measures for
maintenance of standards in autonomous colleges) Regulations 2023 and
forthwith notify the autonomous status granted to the petitioners college in
the order of the University Grants Commission in No.F.2-10/2023 (AC-
Policy) dated 04.09.2024, 09.09.2024 and 24.09.2024 respectively in line
with the Judgment rendered in W.A.No.51 of 2020 as confirmed in
S.L.P.(Civil) Nos.8324-8325 of 2020.
2.The petitioners in all cases submitted their applications in 2019,
06.06.2024, 15.04.2024 in the prescribed format to Anna University for
conferment of autonomous status as per University Grants Commission
(Conferment of Autonomous Status upon Colleges and measures for
Maintenance of Standards in Autonomous Colleges) Regulation 2023. The
petitioners also submitted the filled-in proforma with required documents to
the University Grants Commission. The University Grants Commission in its
meeting held on 27.08.2024, approved the recommendation of Standing
Committee on Autonomous Colleges to confer the autonomous status to the
petitioner's colleges' for a period of 10 years from the academic year 2024-
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W.P.Nos.35, 38 and 39 of 2025
2025 to 2033-2034 as per Clause 7.5 of the UGC Regulation, 2023. The
same had been communicated by the University Grants Commission in its
letter No.F.2-10/2023(AC-Policy) dated 04.09.2024 addressed to the
Registrar, Anna University, Chennai. In the orders dated 04.09.2024,
09.09.2024 and 24.09.2024 communicating the conferment of autonomous
status to the petitioners, the University Grants Commission had categorically
requested the University to issue necessary notification within 3o days
regarding the grant of autonomous status to the petitioners Colleges as per
UCG Regulations, 2023. The first respondent did not comply with the
request conveyed in the Conferment Order issued by the University Grants
Commission and so the petitioners submitted representations to the Registrar,
Anna University, Chennai, on several dates. The respondents neither issued
the notification as mandated by Clause 4.2 of UGC Regulations 2023, nor
sent reply to the petitioners representations. The respondent University was
bound to issue the notification within 30 days as mandated by Regulation 4.2
of UGC Regulation, 2023, however, it failed to do so. Hence, the petitioners
were constrained to file the above writ petitions for the aforesaid reliefs.
3.The learned counsel for the first respondent University submitted
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W.P.Nos.35, 38 and 39 of 2025
that even without considering the first respondent's objections, the order
conferring Permanent Status to the petitioner's was issued and therefore the
first respondent was not bound to issue the notification.
4.Mrs.Sudha representing Mr.B.Rabu Mahonar, appearing for UGC
submitted that without considering the first respondent's objection,
autonomous status would not have been conferred. The learned Counsel
further submitted that in case the objections were filed beyond the time
stipulated under Regulations 4.1, then the deeming provision would operate
and therefore, the UGC would be well within it's right to confer the
autonomous status to the petitioners college.
5.The role of the parent University is stipulated in Regulation 4 of the
UGC Regulations, 2023. The relevant portion of the Regulation 4.1 and 4.2
read as follows:
“4.1 To examine the application of the College for
autonomous status on the UGC portal and give its
recommendations, along with reasons/justification, within
30 working days on the UGC portal. If the parent
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W.P.Nos.35, 38 and 39 of 2025
University does not respond on the UGC Portal within 30
working days, it shall be presumed that the parent
University has no objection 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.”
6.The learned counsel appearing for the UGC submitted that without
considering the objections, the first respondent would not have passed orders
conferring autonomous status to the petitioners. The learned counsel further
submitted that in case objections were filed beyond 30 days, it could be
presumed that the University had no objection under Regulation 4.1.
7.The submission of the learned counsel appearing for the UGC is
recorded and in the light of the said submission and Regulation 4.2 of the
UGC Regulation extracted above, the first respondent is bound to issue the
notification within 30 days as per Clause 4.2 aforementioned. In this regard,
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W.P.Nos.35, 38 and 39 of 2025
the Judgment of the First Division Bench of this Court in the case of Anna
University Vs. Mahendra Institute of Technology and Another in
W.A.No.51 of 2020 can be usefully referred. The Court held as follows:
“14.In the said background, we are of the opinion
that the 2018 Regulations framed by the University
Grants Commission in exercise of the powers conferred
under Section 12(f), (g), (j) r/w 26(1) of the University
Grants Commission Act, 1956 govern the field, inasmuch
as the same is clearly saved as being a Regulation duly
authorized having its source in Entry 66 of List I of the
Constitution of India. There is no law for the time being
relating to the Regulation of grant of autonomous
Colleges running contrary to the same either framed
under Entry 66 of List I or entry 25 of List III. In the
absence of any such legislation to the contrary, we are of
the clear opinion that the 2018 Regulations clearly hold
the field exclusively in the matters of grant of autonomous
status to affiliated Colleges. The resolution of the
Syndicate dated 27.05.2014 cannot in any way be said to
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W.P.Nos.35, 38 and 39 of 2025
have an overriding effect or even supplementary effect to
the 2018 Regulations, inasmuch as the method of grant of
an autonomous status is clearly defined under the 2018
Regulations and the eligibility to obtain such status is
also governed by the same.”
8.The aforesaid Judgment of the Hon'ble First Division Bench was
confirmed by the Supreme Court in S.L.P.(Civil) Nos.8324-8325 of 2020.
From a reading of the aforementioned Regulation and the Judgment of the
Hon'ble First Division Bench of this Court, it is clear that the first respondent
University is bound to issue the notification as mandated by Regulation 4.2
of the UGC Regulations, 2023.
9.In view of the above discussion and under the facts and
circumstances of the case, I am of the view that the Writ Petitions deserve to
be allowed. Hence, the Writ Petitions are allowed with a direction to the first
respondent University to notify the autonomous status granted to the
petitioner Colleges' as per Regulation 4.2 of the UCG Regulations 2023,
within a period of four weeks, from the date of receipt of a copy of this order.
There shall be no order as to costs. Consequently, the connected
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W.P.Nos.35, 38 and 39 of 2025
Miscellaneous Petitions are closed.
05.02.2025
NOTE: ISSUE ORDER COPY ON 07.02.2025.
ah
Index : Yes / No
Internet : Yes / No
Speaking order/Non-speaking order
To
1.Anna University,
Rep. by its Registrar,
Chennai – 600 025.
2.University Grants Commission,
rep. by its Secretary,
Bahadur Shah Zafar Marg,
New Delhi – 110 002.
3.The Principal,
Nandha College of Technology,
Erode – Perundurai Road,
Vaikkalmedu,
Pitchandampalayam Post,
Erode – 638 052.
4.The Principal,
Mahendra College of Engineering,
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W.P.Nos.35, 38 and 39 of 2025
Attur Main Road,
Minnampalli,
Salem – 636 106.
5.The Chairman,
P.S.V. College of Engineering and Technology,
Bangalore – Chennai Highway,
Mittapalli,
Balinayanapalli Post,
Krishnagiri District – 635 108.
N.MALA, J.
ah
W.P.Nos.35, 38 and 39 of 2025
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W.P.Nos.35, 38 and 39 of 2025
05.02.2025
https://www.mhc.tn.gov.in/judis
