Madras High Court
Mount Zion College Of Engineering & ... vs Anna University on 14 February, 2025
W.P.No.5006 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.02.2025
CORAM:
THE HON'BLE MRS.JUSTICE.N.MALA
W.P.No.5006 of 2025
Mount Zion College of Engineering & Technology,
represented by its Principal,
Lenavilakku, Pilivalam Post,
Pudukottai District. … Petitioner
Vs.
1.Anna University,
Represented by its Registrar,
Chennai – 600 025.
2.University Grants Commission,
Represented by its Secretary,
Bahadur Shah Zafar Marg,
New Delhi – 110002. … Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus, directing the 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 petitioner College in the order of the University Grants
1/9
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W.P.No.5006 of 2025
Commission in No.F.2-10/2023(AC-Policy) dated 02.01.2025 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 : Mr.Kandhan Duraisami
For R1 : Mr.U.Baranidharan,
Standing Counsel
For R2 : Mr.B.Rabu Manohar (UGC)
****
ORDER
This writ petition is filed to direct the 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 petitioner College in the order of the University Grants
Commission in No.F.2-10/2023(AC-Policy) dated 02.01.2025 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 petitioner college was started with the approval of All India
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Council for Technical Education and it is affiliated to Anna University,
Chennai. The petitioner college is recognised by University Grants
Commission under Section 2(f) of the UGC Act 1956. The petitioner college
has been accredited by the National Assessment and Accreditation Council at
Grade A+. As the petitioner satisfied the eligibility criteria prescribed in
Regulation 6 of UGC Regulations for grant of autonomous status by UGC, the
petitioner submitted its application on 15.03.2023, to Anna University for
conferment of autonomous status. The petitioner also submitted the filled-in
proforma with required documents to UGC. Since the petitioner's application
was kept pending, the petitioner filed a writ petition before this Court in
W.P.No.12865 of 2023, with a prayer to direct the UGC to consider the
application and this Court vide order dated 27.04.2023, directed the UGC to
dispose of the application dated 15.03.2023, in line with UGC Regulations. On
09.06.2023, Anna University sent its opinion to UGC stating that the petitioner
had low enrolment of students. After, some litigation, UGC finally approved
the recommendation of Standing Committee on Autonomous Colleges for
conferment of autonomous status to the petitioner college for a period of 10
years from academic year 2025-2026 to 2034-2035, as per Clause 7.5, of the
UGC Regulations, 2023. By order dated 02.01.2025 the UGC conferred
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autonomous status to the petitioner. The University Grants Commission also
categorically requested the University to issue necessary notification within 30
days regarding the grant of autonomous status to the petitioner college in terms
of its Regulations. The petitioner in pursuance of the order dated 02.01.2025
submitted a representation on 08.01.2025, requesting the University to issue the
notification since the University failed to issue the notification ordered by
UGC, the petitioner sent another representation on 06.02.2025, and even
thereafter no action was taken by the University. Therefore, the petitioner filed
the above writ petition for the aforesaid relief.
3.The role of the parent University is stipulated in Regulation 4 of the
UGC Regulations, 2023. 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
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.
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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.In the light of the Regulation 4.2 of the UGC Regulation extracted
above, the first respondent is bound to issue the notification within 30 days. In
this regard, 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
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of grant of autonomous status to affiliated Colleges. The
resolution of the Syndicate dated 27.05.2014 cannot in any
way be said to 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.”
5.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 has no choice but is bound to issue the notification as mandated by
Regulation 4.2 of the UGC Regulations, 2023.
6.In view of the above discussion and under the facts and circumstances
of the case, I am of the view that the Writ Petition deserves to be allowed.
Hence, the Writ Petition is allowed with a direction to the first respondent
University to notify the autonomous status granted to the petitioner College 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
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as to costs.
14.02.2025
Speaking order / Non-speaking order
Index : Yes / No
Internet : Yes / No
ah
To
1.Anna University,
Represented by its Registrar,
Chennai – 600 025.
2.University Grants Commission,
Represented by its Secretary,
Bahadur Shah Zafar Marg,
New Delhi – 110002.
3.Mount Zion College of Engineering & Technology,
represented by its Principal,
Lenavilakku, Pilivalam Post,
Pudukottai District.
https://www.mhc.tn.gov.in/judis
N.MALA, J.
ah
https://www.mhc.tn.gov.in/judis
14.02.2025
https://www.mhc.tn.gov.in/judis
