Uttarakhand High Court
Mr. Jitendra Chaudhary And Mr. ... vs State Of Uttarakhand 2023 Scc Online Sc ... on 11 January, 2024
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
Office Notes,
reports, orders
SL. or proceedings
Date COURT'S OR JUDGES'S ORDERS
No or directions and
Registrar's order
with Signatures
11.01.2024 WPMS No. 3619 of 2023
Hon'ble Rakesh Thapliyal, J.
1. Mr. Jitendra Chaudhary and Mr. Siddharth Sah,
learned counsels, appear for the petitioner, Mr. Jatinder
Kumar Sethi, learned Deputy Advocate General for
Uttarakhand, with Mr. Bhupesh Kandpal & Mr.
Shailendra Nariyal, learned counsel, appears for
respondent No. 1, Mr. Mohit Maulekhi, learned Brief
Holder appears for the State/respondent Nos. 2 & 3 and
Ms. Anjali Bhargawa, learned counsel, appears for
respondent No. 4.
2. A detailed order was passed by this Court on 4th
January, 2024. On the previous date, i.e. on
09.01.2024, the learned counsel for the UGC /
respondent No. 4 made the following submissions:-
"Learned counsel for the respondent no. 4 / UGC
submits that the letter issued by the UGC dated
13.11.2023 is binding on the University,
therefore, the University is bound to issue
notification with regard to grant of autonomous
status to the petitioner college within 30 days, as
per Regulation 4.2 of the Regulations, which the
University has not done."
3. Mr. Jatinder Kumar Sethi, learned Deputy
Advocate General for the State of Uttarakhand, who
appears for respondent No. 1, placed reliance on two
judgments. One is in the case of Jaiveer Singh vs.
State of Uttarakhand 2023 SCC OnLine SC 1584
and another is in the case of S. Satuyapal Reddy vs.
Government of A.P. (1994) 4 SCC 391.
4. I have gone through both the aforesaid
judgments and from perusal of the same, it appears
that issue involved in these cases are on different
aspect.
5. Here in this case, the issue pertains to
autonomous status, for which the University Grants
Commission has already issued letter dated
13.11.2023. By this letter, the University was
requested to issue necessary Notification within 30
days regarding grant of autonomous status to the
petitioner's College as per University Grants
Commission (Conferment of Autonomous Status Upon
Colleges and Measures for Maintenance of Standards in
Autonomous Colleges) Regulations, 2023 (hereinafter
referred to as the 'UGC Regulations, 2023').
6. It is submitted that despite this letter, the
respondent University is not issuing the necessary
notification as required as per the UGC Regulations,
2023.
7. Today, during the course of arguments, learned
counsel for the petitioner Mr. Jitendra Chaudhary
placed before this Court one of the letter of the
University Grants Commission dated 10th January,
2024, an advance copy of which has already been
supplied to the learned counsel for the respondents,
wherein general directions have been issued to the Vice
Chancellors of all the Universities. The letter dated
10.01.2024 is being reproduced herein below:-
"D.O. No 2-666/2023 (AC-Policy Misc)10 January, 2024 / 20 ikS"k] 1945
Sub: Implementation of the University Grants
Commission (Conferment of Autonomous Status
upon Colleges and Measures for Maintenance of
Standards in Autonomous Colleges) Regulations,
2023-Regarding
Madam/Sir,
As you are aware, the College autonomy is
instrumental in promoting broad-based quality
education and excellence.
Furthermore, National Education Policy 2020
emphasizes that HEIs to offer programmes, with
high quality teaching, research, and community
engagement. In line with the NEP 2020, the
Commission has notified University Grants
Commission (Conferment of Autonomous Status
upon Colleges and Measures for Maintenance of
Standards in Autonomous Colleges) Regulations,
2023.
The Regulations envisage a pivotal role of
Universities for autonomy of colleges. However, it
has come to the notice of the UGC that several
universities are not responding on the UGC portal in
the processing of the application of the affiliated
colleges for grant of autonomous status within the
30 working days or delay in issuing notification
within 30 days for a college to function as an
autonomous entity once the autonomous status is
conferred on the college by UGC.
It has also been noticed that some Universities do
not allow complete autonomy to the autonomous
colleges in the matter of designing syllabus,
introduction of new courses, and evolving methods
of assessment of students' performance etc. as per
provisions of the Regulations. Certain Universities
ask the colleges to sign a MOU/Agreement having
terms and conditions against the provisions of the
UGC Regulations.
The affiliating universities are requested to
implement the University Grants Commission
(Conferment of Autonomous Status upon Colleges
and Measures for Maintenance of Standards in
Autonomous Colleges) Regulations, 2023 in letter &
spirit.
Your support and contribution will go a long way in
achieving the objectives of autonomy of colleges to
enhance quality of higher education in the country.
With kind regards.
Your sincerely,
(Manish Joshi)
To,
The Vice-Chancellors of all Universities."
8. It is further submitted by the learned counsel for
the petitioner that if the Notification is not issued, then
the University Grants Commission will recall the letter
dated 13.11.2023 as per Clause-13 of the UGC
Regulations, 2023. Clause-13 of the UGC Regulations,
2023 is being extracted herein below:-
"13. CONSEQUENCES OF VIOLATION OF
REGULATIONS
13.1 The Autonomous Colleges shall at all times
adhere to UGC Regulations and Guidelines made
and issued by the Commission from time to time,
failing which UGC may take appropriate action
against the defaulting Autonomous College
including revoking of autonomous status."
9. The instructions, issued to the petitioner's
College, are also part of the letter dated 13.11.2023
issued by the University Grants Commission and the
same are also being reproduced herein below:-
"(i) The College is advised to go for the required
NAAC/NBA accreditation at least six months
before the expiry of current validity and obtain
the grading NAAC/NBA as per the UGC
(Conferment of Autonomous Status Upon
Colleges and Measures for Maintenance of
Standards in Autonomous Colleges) Regulations,
2023 and intimate the Same to UGC to revisit the
above decision, if required.
(ii) The College / Institute is advised to submit a
report regarding Examination Cell and
constitution of Statutory Bodies as required
under Clauses 11 and 12 of the UGC (Conferment
of Autonomous Status Upon Colleges and
Measures for Maintenance of Standards in
Autonomous Colleges) Regulations, 2023 to
ensure proper management of academic,
financial and general administrative affairs. Non
compliance of the above shall attract action as
per Clause-13 of the UGC Regulations-2023.
(iii) The College / Institute is advised to take
necessary steps for implementation of NEP 2020
and intimate the UGC."
10. Learned counsel for the petitioner further
submits that if the University fails to issue the
Notification regarding autonomous status pursuant to
the letter dated 13.11.2023, then the UGC will initiate
action as per Regulation-13 of the UGC Regulations,
2023.
11. Mr. Sethi, learned counsel for the respondent-
University, prays for and is granted three weeks' time
to file counter-affidavit.
12. Two weeks' time thereafter is granted to the
petitioner to file rejoinder-affidavits.
13. In view of the above, as an interim measure, the
respondent-University is directed to issue a provisional
notification in respect of grant of autonomous status to
the petitioner's Institution in compliance to the
directions issued by the UGC in its letter dated
13.11.2023, within a period of one week and the said
provisional notification shall be subject to the final
decision of the writ petition.
14. List this case peremptorily on 13.02.2024 for
final disposal.
(Rakesh Thapliyal, J)
11.01.2024
Rathour
