Uttarakhand High Court
Shivalik College Of Engineering vs Veer Madho Singh Bhandari Uttarakhand on 4 June, 2024
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
HIGH COURT OF UTTARAKHAND AT
NAINITAL
THE HON'BLE SRI JUSTICE RAKESH THAPLIYAL
Writ Petition (M/S No. 3619 of 2023
Shivalik College of Engineering
through its Secretary ........Petitioner
Versus
Veer Madho Singh Bhandari Uttarakhand
Technical University and others ....Respondents
Counsel for the petitioner : Mr. Jitendra Chaudhary and Mr. Siddharth
Sah, learned counsel
Counsel for the : Mr. Jatinder Sethi, learned Deputy Advocate
University/respondent No. 1 General along with Mr. Shailendra Nauriyal,
learned counsel
Counsel for the UGC/respondent : Mrs. Anjali Bhargava, learned counsel
No. 4
Reserved on : 03.04.2024
Delivered on : 04.06.2024
Hon'ble Rakesh Thapliyal, J. (Oral)
The instant writ petition has been preferred by the
petitioner, which is an Institution namely "Shivalik
College of Engineering", for seeking a direction that
respondent No. 1/Veer Madho Singh Bhandari
Uttarakhand Technical University is directed to issue the
necessary Notification regarding grant of autonomous
status to the petitioner's institution pursuant to
Regulation 4.2 of the University Grants Commission
(Conferment of Autonomous Status Upon Colleges and
Measures for Maintenance of Standards in Autonomous
Colleges) Regulations, 2023 in compliance to the letter
issued by the University Grants Commission (hereinafter
referred to as "UGC") dated 13.11.2023, whereby, the
respondent University has been directed to issue the
Notification within 30 days regarding grant of
autonomous status to the petitioner's institution.
2. Brief facts are that the petitioner's Institution run
by a Society, namely "Rijan Educational Society",
registered under the Societies Registration Act. The
registration of the said society was lastly renewed on
21.09.2020 for the period commencing from 06.06.2020
to 05.06.2025.
3. It is submitted by the learned counsel for the
petitioner that Rijan Educational Society is a non profit
organisation and its aim & object is to mobilise world
class education and generate resources for providing and
supporting quality education for all with the vision for a
better tomorrow.
4. It is submitted by the learned counsel for the
petitioner that the petitioner's institution i.e. Shivalik
College of Engineering, is approved by the AICTE and
affiliated with Veer Madho Singh Bhandari Uttarakhand
Technical University (hereinafter referred to as "the
University"). This institution was established in the year
2008 and the approval was accorded by the AICTE on
07.05.2008 to conduct technical courses, the copy of
which is also brought on record and thereafter got
affiliation with the University on 18.03.2010.
5. The issue, as raised in the instant writ petition is
with regard to grant of autonomous status to the
petitioner's institution for which the UGC, after following
the complete procedure directed the University to issue
the notification for the purposes of grant of autonomous
status to the petitioner's institution, but the University
have not issued the notification on the ground that the
petitioner's institution is not having NBA accreditation.
Being aggrieved with the inaction on the part of the
respondent/University, not issuing the notification as per
UGC Regulations, 2023, the instant writ petition has been
preferred.
6. Now, since the issue relates to the grant of
autonomous status to the petitioner's institution which
though the UGC directed the University to issue
notification but the University is not issuing the
notification and therefore in backdrop of this case, the
references of Regulations, which governs the field for
grant of autonomous status, is required to a discuss.
7. The UGC, in supersession of the earlier Regulation
of 2018 i.e. University Grants Commission (Conferment
of Autonomous Status upon Colleges and Measures for
Maintenance of Standards in Autonomous Colleges)
Regulations, 2018, by invoking the powers as conferred
by clause (j) of Section 12 read with clause (f) and (g) of
sub-Section (1) of Section 26 of the University Grants
Commission Act, 1956 framed the Regulations i.e.
University Grants Commission (Conferment of
Autonomous Status upon Colleges and Measures for
Maintenance of Standards in Autonomous Colleges)
Regulations, 2023 (hereinafter referred to as "UGC
Regulations, 2023), which was notified in the Official
Gazette on 03.04.2023.
8. The preamble of this Notification dated 03.04.2023
reveals that since there is a need to promote the
autonomy of colleges so as to enhance the quality of
higher education in the country, this Regulation was
framed by the UGC. The preamble of the regulation is
being reproduced herein below, which in fact goes to the
root of the matter with regard to the subject matter of
the present petition.
"Preamble
F. No. 1-18/2021 (CPP-II)--Whereas the University Grants
Commission (UGC) is mandated to coordinate and determine
the standards of higher education in universities; Whereas
college autonomy is instrumental in promoting broad-based
quality education and excellence; Whereas the Commission,
in exercise of its powers conferred by Section 26 of the UGC
Act, 1956, has notified the University Grants Commission
(Conferment of Autonomous Status upon Colleges and
Measures for Maintenance of Standards in Autonomous
Colleges) Regulations, 2018; And whereas there is a need to
promote the autonomy of colleges so as to enhance the
quality of higher education in the country. Now, therefore, in
supersession of the University Grants Commission
(Conferment of Autonomous Status upon Colleges and
Measures for Maintenance of Standards in Autonomous
Colleges) Regulations, 2018 and in exercise of the powers
conferred by clause (j) of Section 12 read with clauses (f) and
(g) of sub-section (1) of Section 26 of the University Grants
Commission Act,1956, the University Grants Commission
hereby makes the following Regulations:"
9. So, as per the preamble of the said UGC
Regulations, 2023, the basic concept for framing the
Regulation is to promote the autonomy of colleges to
enhance the quality of higher education in the country.
10. Now, certain regulations of the said UGC
Regulations, 2023 are also being extracted herein as
below, which are relevant for adjudicating the issue, as
involved in the instant petition. Regulation 2 of the UGC
Regulations, 2023 pertains to the definitions and the
same is also being reproduced herein as below:-
2. Definitions: -
In these Regulations, unless the context otherwise
requires--
2.1 "Academic Council" means the Academic Council of
the Autonomous College
2.2 "Act" means the University Grants Commission
Act,1956
2.3 "Board of Studies" means the Board of Studies of a
Department of the Autonomous College
2.4 "College" means any institution (affiliated College or
constituent College), whether known as such or by any
other name, which provides for undergraduate and/or
postgraduate and/or Ph.D. programmes for obtaining any
qualification from a university and which, in accordance
with the rules and regulations of such University, is
recognized as competent to provide for such
programmes/courses of study and present students
undergoing such courses of study for the examination for
the award of such qualification
2.5 "Commission" means the University Grants
Commission (UGC)
2.6 "Finance Committee" means the Finance Committee
of the Autonomous College
2.7 "Governing Body" means the Governing Body of the
Autonomous College, which is different from the Trust
Board or the Board of Management or the Executive
Committee or the Management Committee
2.8 "Parent Body" means the Society registered under the
Societies Registration Act 1860, or a body corporate,
established or incorporated under a Central or State Act
for the time being in force, or a Trust or a Company
registered under Section 8 of the Companies Act, 2013;
the Government or local authority or any University (for
college/institution run by them)
2.9 "Notification" means a notification issued by the
parent University declaring a college as an autonomous
one after the conferment of autonomous status by the
UGC"
11. Regulation 3 of the UGC Regulations, 2023 pertains
to the role, terms and conditions of an autonomous
college and the same is also being reproduced herein as
below:-
3. ROLE, TERMS AND CONDITIONS OF AN
AUTONOMOUS COLLEGE: - The role, terms and
conditions of an Autonomous College in general and
subject to the provisions of Regulations will be as under:
3.1 Review existing courses/programmes and,
restructure, redesign and prescribe its own
courses/programmes of study and syllabi.
3.2 To formulate new courses/programmes within the
nomenclature specified by UGC as per the Specification
of Degrees 2014 as amended from time to time.
3.3 Evolve methods of assessment of students‟
performance, conduct of examinations, and notification
of results.
3.4 To announce results, issue mark sheets, and other
certificates; however, the degree shall be awarded by the
parent University with the name of the College on the
degree certificate.
3.5 Autonomous colleges need not pay affiliation fees to
the parent University.
3.6 Prescribe rules for admission in consonance with the
reservation policy of the state government/national
policy.
3.7 Autonomous Colleges may fix fees as per the norms
of the State Government/ Statutory Council(s) at their
own level, as applicable.
3.8 Constitute own Governing Body, Academic Council,
Finance Committee, and Board of Studies.
3.9 The teaching staff and Principal in all the
Autonomous Colleges shall be appointed as per the
University Grants Commission (Minimum Qualifications
for Appointment of Teachers and other Academic Staff
in Universities and Colleges and other Measures for the
Maintenance of Standards in Higher Education)
Regulations, 2018 as amended from time to time or any
regulations notified by UGC in this regard from time to
time.
3.10 Autonomy granted to the College is at the
institutional level and is not partial and shall cover the
programmes at all levels of U.G. and P.G. offered by the
College. The courses introduced by the College after the
conferment of autonomous status shall automatically
come under the purview of autonomy.
3.11 Ph.D. programmes shall be offered strictly as per
the UGC Regulations notified in this regard from time to
time.
3.12 Autonomous status shall be granted initially for a
period of five or ten years as per Clause 7 of these
regulations.
3.13 Further extension of autonomy shall be for a period
of five or ten years as per Clause 8 of these regulations.
12. Regulation 4 of the UGC Regulations, 2023 pertains
to the parent university and the same is also being
reproduced herein as below:-
4. ROLE OF THE PARENT UNIVERSITY: - The
role of the parent University in general and subject to the
provisions of Regulations will be as under:
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.
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.
4.3 The College, on attaining autonomous status will
continue to be affiliated with the parent University but
will enjoy the privileges of autonomy.
4.4 To provide nominees on various Statutory Bodies of
the Autonomous College.
4.5 To facilitate the implementation of these regulations.
13. Regulation 6 of UGC Regulations, 2023 pertains to
the eligibility criteria for the colleges being granted the
autonomous status is also being reproduced herein as
below:-
6. ELIGIBILITY
6.1 Affiliated or Constituent Colleges of any discipline,
whether Government, aided, partially aided, or
unaided/self-financing, are eligible, provided they are
under Section 2(f) of the UGC Act.
6.2 The College should have at least 10 years of
existence.
6.3 The College must be accredited either by NAAC; or
by NBA for at least three programme(s); or from a UGC-
empanelled accreditation agency. However, if the
number of programme(s) being run by the College is less
than three, then each of the eligible programme must be
accredited as per NBA norms. Accreditation status must
be valid for at least one year at the time of application.
The constituent colleges shall also undergo independent
accreditation.
6.4 The Commission may exempt a college from Clauses
6.2 and 6.3 of these Regulations, if it offers programmes
in any of the following focus areas:
• unique discipline(s), e.g., special education, Indian
knowledge system, yoga, defence studies
• addressing the strategic needs of the country
• engaged in the preservation of Indian cultural heritage
• preservation of the environment
• dedicated to Skill Development, Sports, languages
• any other discipline(s)/ field(s) so determined by the
Commission
14. Regulation 7 of the UGC Regulations, 2023 pertains
to Conferment of Autonomous Status and the same is
also being reproduced herein as below:-
7. CONFERMENT OF AUTONOMOUS STATUS
7.1 A College fulfilling the eligibility as per clause 6
of these regulations, intending to become autonomous,
shall submit the application on the UGC portal anytime
during the year.
However, in the case of proposals for the grant of
autonomy/extension of autonomy, which have already
been received and are under consideration by UGC
before the notification of these regulations, no fresh
application will be required, and UGC will consider all
such pending proposals as per these Regulations, subject
to the condition that the accreditation status is valid for
six months at the time of notification of these
Regulations or has applied for reaccreditation in case the
validity of accreditation is less than six months.
7.2 The parent University will 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 from the
date of submission of the application 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.
7.3 A Standing Committee of UGC shall examine
the application of the College for conferment of
autonomous status. The recommendations of the
Standing Committee shall be considered by the
Commission and its decision may be communicated to
the parent University and the College.
7.4 Autonomous status shall be granted initially
for a period of five years from the commencement of an
academic session in case the College is accredited either
by NAAC; or by NBA for at least three programme(s); or
from a UGC-empanelled accreditation agency. However,
if the number of programme(s) being run by the College
is less than three, then each of the eligible programme
must be accredited as per NBA norms. Accreditation
status must be valid for at least one year at the time of
application submission;
7.5 Autonomous status shall be granted initially
for a period of ten years from the commencement of an
academic session in case the College is accredited either
by NAAC with a minimum „A‟ Grade (with a score of
3.01 and above on a 4-point scale of NAAC) 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 College is less than three, then each of the
eligible programme as per NBA norms, should secure
675 or more marks. Accreditation status must be valid
for at least one year at the time of application
submission;
7.6 If the application of a College for the
conferment of autonomous status is rejected by the UGC
for any reason whatsoever, the College shall be eligible
to reapply on UGC portal, but not before one year from
the date of rejection of its earlier application.
7.7 An autonomous College can merge with
another autonomous college(s)/institution(s) run by the
same Parent Body of the Autonomous Colleges, with the
prior approval of the Parent University/Universities.
15. As referred above, Regulations 6 of the UGC
Regulations, 2023 pertains to the eligibility criteria for an
institution/college for the purposes of grant of
autonomous status. To fulfil the said eligibility, the
petitioner's institution received Accreditation Certificate
from the National Assessment and Accreditation Council
(NAAC) with A+ Grade (CGPA 3.38 on a four-point scale)
on 10.06.2023, which is valid up to 09.06.2028.
16. The Accreditation Certificate is also placed on
record as Annexure-6, whereby the Executive Committee
of the National Assessment and Accreditation Council
(NAAC) declared the Shivalik College of Engineering i.e.
petitioner's institution which is affiliated to Uttarakhand
Technical University, Uttarakhand as Accredited with
CGPA of 3.38 on four point scale of A+ grade valid up to
June 09, 2028.
17. Learned counsel for the petitioner submits that
since the petitioner's institution fulfils all the eligibility as
required as per Regulation 6 of the UGC Regulations,
2023, consequently, the petitioner's institution intended
to apply under the UGC Regulations, 2023 for grant of
autonomous status and the intimation in this regard was
sent by the petitioner's institution by letter dated
27.07.2023 to the Registrar of the University (respondent
No. 1) that the Institution shall apply for autonomous
status to the UGC, the extract of the communication,
which was sent to the University, which refers the aims,
objective and purpose to get autonomous status is also
being extracted herein as below:-
"To
The Registrar
VMSB Uttarakhand Technical University
Dehradun
Subject: Intimation Regarding Applying for Autonomous
Status to the University Grant Commission (UGC)
Dear Sir,
It is pleased to inform you that UGC has
granted recognitition of college under section of the UGC
Act 1956 (Copy enclosed).
Shivalik College of Engineering shall apply for
autonomous status to the University Grants Commission
(UGC). As a responsible and forward- thinking
institution, we believe that obtaining autonomous status
will further enhance the quality of education and
academic autonomy at our college. Autonomous status is
a significant milestone that will provide our college with
increased flexibility in designing and implementing
academic programs, curricula, and evaluation methods.
This autonomy will empower our faculty members and
administrators to make timely decisions, fostering
innovation and adaptability in response to the changing
educational landscape. In preparation for the application
process, our college has already formed an internal
committee that will oversee and coordinate all the
necessary tasks. This committee will work diligently to
ensure that the application complies with UGC guidelines
and regulations. We are committed to fulfilling all the
requirements and expectations set by the UGC to
demonstrate our readiness for autonomous status. We
believe that obtaining autonomous status will not only
benefit the institution but also contribute significantly to
the overall growth and development of our students,
faculty, and staff.
We kindly request the support and cooperation
of the university administration in this endeavor.
For kind consideration please."
18. At this juncture, it is relevant to mention here that
petitioner's institution is also included in the list of
colleges maintained by the UGC under Section 2(f) of the
UGC Act, 1956, as the copy of the same is also placed on
record as Anexure-7. Consequently, with an intention to
get the autonomous status, with prior information to the
University, the petitioner's institution submitted an
application for grant of autonomous status to the UGC
through the portal of UGC i.e. Autonomous Colleges
Portal on 11.08.2023 which is also placed on record as
Annexure-9.
On 12.08.2023, the petitioner's institution received
the acknowledgement of the application submitted on
11.08.2023 for grant of autonomous status which is also
placed on record as Annexure-10.
19. After submission of the application to the UGC for
grant of autonomous status, the petitioner's institution
informed to the Registrar of the University (respondent
No. 1) by letter dated 28.08.2023 and requested the
University to give their recommendation on UGC portal as
required and mandated under Regulation 4.1 of UGC
Regulations, 2023.
20. In response to the letter of the petitioner's
institution dated 28.08.2023, the respondent University,
by letter dated 05.09.2023 refused to grant NOC for the
purpose of grant of autonomous status to the petitioner's
institution on the ground that the petitioner's institution
is not having NBA Accreditation.
21. Learned counsel for the petitioner submits that the
said objection for refusing to give NOC for the purpose of
grant of autonomous status is wholly irrelevant as per
Regulation 6.3 of UGC Regulations, 2023, which clearly
provides that the college must be accredited either by
NAAC; or by NBA.
22. On perusal of the letter of the University dated
05.09.2023 which is annexed as Annexure-12, it appears
that the University denied the NOC without examining
the eligibility as mentioned in Regulation 6.3 of the UGC
Regulations, 2023 and as per Regulation 6.3 of UGC
Regulations, 2023, if an Institution is having NAAC
Accreditation, then there is no requirement of NBA
Accreditation; only one of the said requirement is
essential for grant of autonomous status i.e. either NAAC
Accreditation or NBA Accreditation.
23. In the meantime, the respondent No. 4 i.e. UGC,
vide letter No. F.210/2023 (AC-policy) dated 13.11.2023,
which is addressed to the respondent University, the
copy of which is also addressed to the Additional
Secretary (Higher Education) Govt. of Uttarakhand, as
well as to the Principal of the petitioner's institution,
which pertains to conferment of autonomous status to
the petitioner's institution.
24. It was intimated that the UGC, in its meeting held
on 03.11.2023 approved the recommendation of the
Standing Committee on autonomous colleges to confer
the autonomous status to "Shivalik College of
Engineering" for a period of 10 years, i.e. from the
academic year 2024-2025 to 2033-2034, as per clause
7.5 of UGC Regulations, 2023.
By this letter, the University was requested to issue
necessary notification within 30 days regarding grant of
autonomous status to the petitioner's institution/ college,
as per the regulation 4.2 of UGC Regulations, 2023. It is
necessary to reproduce the said letter hereunder, which,
in fact, goes to the root of the matter in order to
establish the inaction on the part of the University for
issuing notification for grant of autonomous status, which
in fact is the role of the University.
"No.F.2-10/2023(AC-Policy) 13 NOV 2023
The Registrar,
Uttarakhand Technical University,
Dehradun-248007
Sub: Conferment of Autonomous Status to Shivalik
College of Engineering, Sihniwala, Shimla Bypass Road,
Dehradun-248197, Uttarakhand affiliated to Uttarakhand
Technical University, Dehradun
Sir / Madam,
This has reference to the proposal submitted by Shivalik
College of Engineering, Sihniwala, Shimla Bypass Road,
Dehradun-248197, Uttarakhand affiliated to Uttarakhand
Technical University Dehradun for conferment of
autonomous status.
The Commission at its meeting held on 03.11.2023 has
approved the recommendation of the Standing
Committee on Autonomous Colleges to confer the
autonomous status to Shivalik College of Engineering,
Sihniwala, Shimla Bypass Road, 3 Dehradun-248197,
Uttarakhand affiliated to Uttarakhand Technical
University, Dehradun for a period of 10 years from the
academic year 2024-2025 to 2033-2034 as per clause 7.5
of the UGC (Conferment of Autonomous Status Upon
Colleges and Measures for Maintenance of Standards in
Autonomous Colleges) Regulations, 2023.
The University is, therefore, requested to issue necessary
notification within 30 days regarding the grant of
autonomous status to the College as per UGC
(Conferment of Autonomous Status Upon Colleges and
Measures for Maintenance of Standards in Autonomous
Colleges) Regulations, 2023.
The autonomous college is required to abide by all the
provisions of the UGC Regulations for Autonomous
Colleges. The Regulations are available on the UGC
website, www.ugc.gov.in. Non-compliance of the
requirements and conditions prescribed in the said
Regulations shall attract action as per Clause-13 of the
UGC (Conferment of Autonomous Status Upon Colleges
and Measures for Maintenance of Standards in
Autonomous Colleges) Regulations, 2023. The college
should apply to University Grants Commission for
extension of autonomous status at least three months
before the completion of autonomy period.
Yours faithfully,
(Dr. Gopi Chand Merugu)
Deputy Secretary"
25. Learned counsel for the petitioner submits that
despite the letter of the UGC dated 13.11.2023, the
respondent No. 1/University, instead of issuing the
notification, issued a letter dated 21.11.2023, whereby
the petitioner's institution was informed that the
Executive Committee of the University, in its 15th
meeting held on 05.10.2023 decided that prior to giving
no objection to the colleges, seeking autonomous status
from the University, the College/ Institution must fulfil
the qualifications, as decided in the said meeting.
By this letter, the petitioner's institution was
instructed to meet the eligibility as decided by the
Executive Committee of the University and only
thereafter the further process for grant of NOC will be
initiated. This letter was issued by the Registrar of the
University, the English translation of which is also
enclosed and I also perused the same and it is necessary
to reproduce the extracts of the said letter herein as
below:-
"Letter No. 3105/VMSBUTU/2023 Date:21.11.2023
To,
Director, Shivalik College of Engineering,
Singhanlwala, Shimla Bypass Road, Dehradun
Subject:- Regarding autonomy of Shivalik College of
Engineering, Dehradun
Sir,
Please refer to the University Grants Commission's letter
No. F 2-10/2023 (AC Poilcy), dated X November 13,
2023, which grants ten years (academic Pertains to
granting autonomy for the session 2024-25 to 2033-34).
In order to expect a notification to be issued from the
University in this regard, you have to inform that the
letter No. SCE/2023-24/08/2688, dated, sent to the
University regarding obtaining no objection on your
application for academic autonomy from 2024-25. Letter
No. 2120 Issued by the University in the order of August
28, 2023 information was given to you for not giving no-
objection by C.M.S.B.U.P.V./2023, dated September 05,
2023.
It is also to be pointed out here that the University has
launched the Online Web Portal of the University Grants
Commission. Due to the University not having access to
the portal, the University not being aware of the updated
status on the respective portal and not being able to
execute the work done through the portal in a timely
manner, letter no, to the Secretary, University Grants
Commission, New Delhi. -2149/Ch.M.S.B.U.P.U.
T.V./2023 It was Informed vide date 06 September,
2023.
Also, while exercising the powers conferred in the
University Act 2005, the provisions of the Act are being
implemented. For compliance, as per the decision taken
in point number 18 06 of the 15th meeting of the
University Executive Council held on October 05, 2023,
the Executive Council will determine the rules and
regulations prescribed by the University before giving
no-objection to the applications for autonomy at the
university level, regarding granting autonomy to the
colleges affiliated to the University. The following norms
are expected to be followed:-
1. The affiliated institution applying for autonomy should
have a permanent affiliation with this university for at
least 05 years.
2. The applicant institute should have minimum A+
grade in NAAC Accreditation.
3. Out of the courses conducted in the applicant institute,
minimum 03 courses should be NBA Accredited.
4. In view of the self-financed nature of the University,
the prescribed affiliation fee will be paid by the applicant
institution to the University on an annual basis for the
period of affiliation and the orders of the University and
the State Government regarding affiliation will be
followed. Also, in case of non-payment of affiliation fee
from the Institution level, it will be mandatory to comply
with the fine or other punishment, if any, imposed from
the university level.
5. The applicant institute will have to follow the
ordinance/syllabus prescribed for various courses of the
university, although the institute will be free to teach
more than the syllabus prescribed by the university at its
own level.
6. Permission of the State Government for conducting
courses other than those existing at the time of autonomy
in the applicant institute. On no objection, it will be
mandatory to take affiliation from the university as per
rules. To close a course or Before making the
amendment the institute took the affiliation action after
obtaining consent from the university as per rules will
go.
7. Admission and conduct of Ph.D courses in the
applicant institute will be done on the conditions
prescribed by the university.
8. The affiliation of the applicant institution with the
university should be for a minimum period of 10
continuous years and no violation of any kind of
academic, administrative and financial norms should
have come to light at the Institution level till 05 years
before the time of application.
9. If the institution applying for autonomy is declared a
defaulter in relation to the fulfillment of academic,
administrative and prescribed standards, then in that case
financial penalty will be imposed on the concerned
institution and in case of non-compliance, the institute
will not be found suitable for autonomy.
10. Keeping in view the quality education, the University
will be free to take decisions at its own discretion in
matters related to granting autonomy or not.
11. To give its consent before granting autonomy by the
university and in the event of granting autonomy, from
time to time, the university shall ensure fulfilment of
standards and quality education in the concerned
autonomous institution. To ensure this, the institute can
be inspected.
Therefore, despite no objection being given by the
University, regarding the autonomy granted to your
institution. In order to comply with the relevant
provisions of the University Act, please inform the
University about the status of compliance with the above
mentioned norms regarding granting autonomy to the
colleges affiliated to the Honorable Executive Council,
so that further action can be taken accordingly in the
matter.
Sincerely
(Prof. Satyendra Singh)
Registrar"
26. In response to the aforesaid letter of the University,
the petitioner's institution sent a letter on 11.12.2023 to
the Registrar of the University, wherein the reference of
Regulation 6 of the UGC Regulations, 2023 was given and
apart from this, the reference of other relevant
Regulations of the UGC Regulations, 2023 i.e. Regulation
4 was also given in this letter.
In this letter, the petitioner's institution by giving
reference of Regulations 6 and 4 of UGC Regulations,
2023 submitted that the UGC Regulations, being part of
the Central Act, is mandatory for all the Universities, be it
Central, State or Deemed to be Universities.
It is also mentioned in the said letter that the
petitioner's college being eligible, applied with the UGC
for conferment of the autonomous status for making
further progress in the field of education which is the
essence of modern day education including the New
Education Policy.
It is also mentioned in the letter that the UGC
having found the petitioner's institution to be eligible,
granted autonomous status and requested the University
to issue necessary notification which is the mandate of
the UGC Regulations, 2023. By this letter, the Director of
the petitioner's institution requested again the University
to issue necessary notification.
27. Thereafter, another letter dated 15.12.2023
(Annexure-17) was sent to the Secretary, Higher
Education, requesting them to nominate the members for
the Governing Body in consonance with the UGC
Regulations, 2023, as well as in the light of the letter of
UGC dated 13.11.2023, which pertains to grant of
autonomous status to the petitioner's institution.
28. Similarly, the letter was also sent to the Registrar of
the University, requesting them to nominate the
members for the Governing Body and the Academic
Council in consonance with the UGC Regulations, 2023
and also in light of the letter dated 13.11.2023 of the
UGC. Both the letters dated 15.12.2023 are also placed
on record as Annexure-16 and 17.
29. Learned counsel for the petitioner submits that
despite the request made by the petitioner's institution
by letter dated 11.12.2023, followed by another letter
dated 15.12.2023, the respondent University have not
issued the necessary notification as required under UGC
Regulations, 2023, despite the letter issued by the UGC
on 13.11.2023 and it appears to be a great inaction on
the part of the University and such an action of the
University is in complete violation of the instructions
issued by the UGC which are in conformity with the UGC
Regulations, 2023, and are binding upon the University.
30. Learned counsel for the petitioner further submits
that the eligibility for the purpose of grant of autonomous
status is mentioned in the UGC Regulations, 2023 and
such eligibility is only meant for grant of autonomous
status and the power to determine the eligibility for grant
of autonomous status is vested upon the UGC and not to
the University. In support of his argument, he further
submitted that for the purpose of grant of autonomous
status, the power vests with the UGC and since the
power vests with the UGC, therefore, the UGC is the only
competent authority to determine the eligibility of an
institution/college for grant of autonomous status.
31. Learned counsel for the petitioner's institution
further submits that the subject "Education" is mentioned
in the Concurrent List (List III) of 7th Schedule of the
Constitution of India and therefore, if there is any conflict
between the State Legislation and the Central Legislation,
Central Legislation shall prevail by applying the
Rule/Principle of repugnancy, as mentioned in Article 254
of the Constitution of India.
32. Learned counsel for the petitioner's institution
further submits that as per Regulation 6 of the UGC
Regulations, 2023, which pertains to the eligibility and
particularly sub-clause 6.3, since the petitioner's
institution is accredited by NAAC and as such, the
petitioner's institution is eligible to get the status of
autonomous institution. He further submits that once the
UGC, after completing the procedure, issued directions to
the University to issue necessary notification within 30
days regarding grant of autonomous status as per the
UGC Regulations, 2023, then the University has no
business to sit over the recommendation made by UGC
and once the direction has been issued, the University is
under legal obligation to issue Notification as per
Regulation 4.2.
33. When this matter was taken up on 04.01.2024,
learned counsel for the petitioner placed reliance on the
judgment of the Madras High Court rendered in the case
of The Anna University vs. Mahendra Institute of
Technology and another, 2020 SC OnLine Mad
27850 and by placing reliance on the said judgment, he
refers paragraphs-13 & 14 of the said judgment, which
are being reproduced herein as below:-
"13. He further submits that even
otherwise the University Grants Commission
is under no obligation in law to be bound by
the orders passed by the University,
inasmuch as the University Grants
Commission has been given the authority
under the 2018 Regulations to undertake this
exercise itself and then grant or refuse the
autonomous status to an affiliated College.
The 2018 Regulations are not subservient to
any other law time being in force and
consequently, by operation of law, the
University Grants Commission is the sole
body now empowered to take a final decision
with regard to the grant of autonomous
status after getting an opinion of the
University and the State Government, if any.
The contention therefore is that any
resolution of the Syndicate has absolutely no
legal sanctity and even if it has some
persuasive value, the same is not binding on
the University Grants Commission.
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) read with Section 26(1) of
the University Grants Commission Act, 1956
govern the field, inasmuch as the same is
clearly saved as being a Regulation duly
authorised 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 27.5.2014
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."
34. Another judgment, which has been placed
reliance upon by the learned counsel for the petitioner,
is the judgment rendered by the Hon'ble Supreme
Court in the case of Sreejith P.S. vs. Rajasree M. S.
and others, MANU/ SC/ 1381/ 2022 and by placing
reliance on the said judgment, the petitioner referred
Paragraph-8 of the said judgment, which is being
reproduced herein below:-
"8. Identical question came to be
considered by this Court in the case of
Gambhirdan K. Gadhvi (supra) and Kalyani
Mathivanan (supra). Now, the issue whether
the UGC Regulations shall prevail vis-à-vis
the State legislation/State Act, identical
question came to be considered by this Court
in the recent decision of this Court in the case
of Gambhirdan K. Gadhvi (supra). While
considering the appointment of the Vice
Chancellor in the Sardar Patel University,
Gujarat, it is specifically observed and held
by this Court that the appointment of Vice
Chancellor cannot be made dehors the
applicable UGC Regulations, even if the State
Act concerned prescribes diluted eligibility
criteria, vis-à-vis the criteria prescribed in the
applicable UGC Regulations. It is further
observed and held by this Court in the
aforesaid decision that the State Act if not on
a par with the UGC Regulations, must be
amended to bring it on a par with the
applicable UGC Regulations and until then it
is the applicable UGC Regulations that shall
prevail. It is further observed and held that
being a subordinate legislation, UGC
Regulations become part of the Act. It is
further observed and held that in case of any
conflict between the State legislation and the
Central legislation, the Central legislation,
i.e., the applicable UGC Regulations shall
prevail by applying the principle of
repugnancy under Article 254 of the
Constitution as the subject "education" is
contained in the Concurrent List of Schedule
VII of the Constitution. The observations
made in relevant paras are as under:-
"20. Now the next question which is
posed for consideration of this Court is,
whether, the appointment of Respondent 4 as
a Vice Chancellor of the SP University--
Respondent 2 herein can be said to be
contrary to any statutory provisions and
whether, can it be said that Respondent 4
fulfils the eligibility criteria for the post of
Vice-Chancellor.
20.1. While examining the aforesaid
issues the relevant provisions of the UGC
Regulations, 2010 enacted in exercise of
powers conferred under clauses (e) and (g) of
sub-section (1) of Section 26 of the University
Grants Commission Act, 1956 and the
relevant provisions of the SPU Act, 1955, are
required to be referred to.
20.2. The UGC Act, 1956 was enacted
to make provision for the coordination and
determination of standards in universities
and for that purpose, to establish a
University Grants Commission. Section 12
deals with "Functions of the Commission",
while Section 14 speaks of "Consequences of
failure of universities to comply with
recommendations 10 of the Commission".
Section 26 deals with "Power to make
regulations". As per Section 28 the rules and
regulations framed under the UGC Act are
required to be laid before each House of
Parliament and when both the Houses agree
then rules and regulations can be given effect
with such modification as may be made by
Parliament. Therefore, any regulation enacted
in exercise of powers under Section 26 can be
said to be subordinate legislation.
20.3. For the appointment and career
advancement of teachers in the universities
and institutions affiliated to it, UGC by
Regulation dated 4-4-2000, enacted the
University Grants Commission (Minimum
Qualifications Required for the Appointment
and Career Advancement of Teachers in
Universities and Institutions Affiliated to it)
Regulations, 2000. However, in the said
Regulation of 2000, no qualifications were
prescribed for the post of "Pro-Chancellor" or
"Vice-Chancellor".
21. Thereafter, the Government of India,
Ministry of Human Resource Development
Department of Higher Education, New Delhi
by Letter No. 1-32/2006-U.II/U.I(i) dated 31-
12-2008 communicated to the Secretary,
University Grants Commission, New Delhi the
Scheme of revision of pay of teachers and
equivalent cadres in universities and colleges
following the revision of pay scales of the
Central Government employees on the
recommendations of the 6th Central Pay
Commission.
22. By the said letter, the Government
of India directed that there shall be only three
designations in respect of teachers in the
universities and colleges, namely, Assistant
Professors, Associate Professors and
Professors. In the said letter revised pay
scales, service conditions and Career
Advancement Scheme for teachers and
equivalent positions including the post of
Assistant Professors / Associate Professors /
Professors in universities and colleges were
11 intimated. Pay scales of Pro Vice-
Chancellor / Vice-Chancellor were also
mentioned therein. It was intimated that the
said Scheme may be extended to the
universities, colleges and other higher
educational institutions coming under the
purview of the State Legislature, provided the
State Governments wish to adopt and
implement the Scheme subject to the terms
and conditions mentioned therein.
23. In view of the aforesaid Letter No. 1-
32/2006- U.II/U.I(i), dated 31-12-2008
issued by the Government of India and in
exercise of the powers conferred under
clauses (e) and (g) of sub-section (1) of Section
26 of the UGC Act, 1956, UGC enacted the
Regulations, 2010 in supersession of the
UGC Regulations, 2000. It was published in
the Gazette of India on 28- 6-2010 and came
into force with immediate effect.
XXXXXXXXX
25. Regulation 7.4.0 mandates that the
universities /State Governments shall modify
or amend the relevant Acts/Statutes of the
universities concerned within six months of
adoption of these Regulations.
26. Thus, UGC Regulations, 2010, inter
alia, prescribe in Regulation 7.3.0 that a
person shall have ten years of teaching work
experience as a Professor in a university
system. It also provides for constitution of a
Search Committee consisting of a nominee of
the Visitor/Chancellor, a nominee of the
Chairman of the UGC, a nominee of the
Syndicate/Executive Council of the University
and the Search Committee has to recommend
the names of the successful candidates.
XXXXXXXXX
50. It cannot be disputed that the UGC
Regulations are enacted by the UGC in
exercise of powers under Sections 26(1)(e)
and 26(1)(g) of the UGC Act, 1956. Even as
per the UGC Act every rule and regulation
made under the said Act, shall be laid before
each House of Parliament. Therefore, being a
subordinate legislation, UGC Regulations 12
becomes part of the Act. In case of any
conflict between the State legislation and the
Central legislation, Central legislation shall
prevail by applying the rule/principle of
repugnancy as enunciated in Article 254 of
the Constitution as the subject "education" is
in the Concurrent List (List III) of the Seventh
Schedule to the Constitution. Therefore, any
appointment as a Vice- Chancellor contrary to
the provisions of the UGC Regulations can be
said to be in violation of the statutory
provisions, warranting a writ of quo
warranto."
35. Another judgment, which has been placed reliance
upon by the learned counsel for the petitioner, is the
judgment passed by the Madras High Court in the case of
New Prince Shri Bhavani College of Engineering
and Technology vs. University Grants Commission
and others (Writ Petition No. 10787 of 2023 and
WMP No. 10731 of 2023, decided on 06.04.2023),
wherein one of the issue pertains to grant of autonomous
status to the Institute and the said issue was dealt with
and subsequently in Paragraphs 13, 14 and 15 of the said
judgment, conclusion has been drawn, which are being
reproduced herein below:-
"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 13 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 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."
36. After hearing at length and further after taking into
consideration the judgment as relied upon by the learned
counsel for the petitioner, this Court, on 04.01.2024
observed that the University has no business to sit over
on the recommendation made by the UGC for the
purposes of grant of autonomous status to the
petitioner's institution and directed the matter to be
listed on 09.01.2024 and the Registrar of the University
was also directed to appear through V.C. for giving his
assistance in the matter.
37. On 09.01.2024, Mrs. Anajali Bhargava, learned
counsel for respondent No. 4/UGC submits that the letter
issued by the UGC on 13.11.2023 is binding upon the
University, therefore, the University is bound to issue
Notification with regard to grant of autonomous status to
the petitioner's college within 30 days as per Regulation
4.2 of the UGC Regulations, 2023 which the University
has not done. The relevant extract of the order passed by
this Court on 09.01.2024 is being reproduced as under:-
"5. 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."
38. As it appears from the statement as given on behalf
of UGC on 09.01.2024 to this Court, the stand of the UGC
is also very clear that the instructions issued by the UGC
with regard to grant of autonomous status are binding
upon the University and the University is bound to issue
the Notification within 30 days as per the mandate of
Regulation 4.2 of UGC Regulations, 2023.
39. At this juncture, one more important aspect is
required to be considered here that for grant of
autonomous status, the UGC Regulations, 2023 which
contains the complete procedure for grant of autonomous
status governs the field, therefore, for all purposes,
particularly for the purpose of grant of autonomous
status, whatever be the eligibility has been determined
by the UGC i.e. binding upon the University, and the
eligibility prescribed in the statutes and the Regulation of
the University have nothing to do with the grant of
autonomous status and the power grant of Autonomous
Status is completely vest with the UGC and that is the
reason that the UGC come up with stand that the
University is bound to issue the Notification as per the
mandate of Regulation 4.2 of the UGC Regulations, 2023.
40. The matter was again heard on 11.01.2024 and on
that day, the learned counsel for the petitioner placed
before this Court one of the letter of the University
Grants Commission dated 10.01.2024, an advance copy
of which was already supplied to the learned counsel for
the respondent/University wherein the general directions
have been issued to the Vice Chancellors of all the
Universities. The reference of the said letter was given in
the order passed on 01.11.2024; however, the said letter
is further being reproduced herein as under:-
41. The learned counsel for the University/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.
42. The issue as involved in both the judgments are
completely on different footings. In the case of S.
Satuyapal Reddy (supra) the matter pertains to the
appointment and the issue was in respect of the
qualification. Here, in the present case, the issue is with
regard to grant of autonomous status and which is
governed by the UGC Regulations, 2023, therefore, the
said judgment is not at all applicable to the issue
involved in the present petition. Similarly, the another
judgment i.e. Jaiveer Singh (supra), is also on a
different context which pertains to the qualifications for
appointment.
43. The stand as taken by the learned counsel for the
respondent/University by placing reliance on these two
judgments are on a different context and pertains to
recruitment/appointment, whereas the present case is on
a different issue i.e. for the grant of autonomous status
to an Institution, as per UGC Regulations, 2023.
44. In the preceding paragraph, a reference has been
made of the preamble of the UGC Regulations, 2023
which was notified by Notification dated 03.04.2023 and
as per the preamble, since there is a need to promote the
autonomy of the colleges so as to enhance the quality of
higher education in the country, the UGC Regulations,
2023 were framed which is specifically meant for grant of
autonomous status to the Institutions. Therefore, the
aims, object and the purpose of this Notification is very
clear and the said UGC Regulations, 2023 is governed
with regard to grant of autonomous status to the
Institutions. On 11.01.2024, this Court passed an interim
order in favour of the petitioners' institution and directed
the University to issue a provisional notification in respect
of the grant of autonomous status to the petitioner's
institution in compliance to the directions issued by UGC
vide its letter dated 13.11.2023.
45. There was a reason for issuing directions for grant
of provisional notification by order dated 11.01.2024 and
the reason was that there was a condition precedent in
the letter dated 13.11.2023 which is in fact in conformity
with Regulation 13.1 of the Regulations, 2023 which
pertains to the consequences of violation of Regulations
13.1 and it provides that 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. The said Regulation is being
reproduced hereunder:-
"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."
46. By giving reference of Regulation 13.1 of UGC
Regulations, 2023, another reason for grant of
provisional notification was the instructions as mentioned
in the letter of the UGC dated 13.11.2023 which provides
as under:-
"(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."
47. The order passed by this Court on 11.01.2024 was
assailed by the respondent/ University by filing a Special
Appeal, bearing SPA No. 22 of 2024 and the same was
admitted by the vacation Bench and the order dated
11.01.2024 was stayed. Subsequently, the said Special
Appeal was disposed of finally on 26.02.2024 and the
direction issued by the order dated 11.01.2024 with
regard to issuance of provisional notification was set
aside and the writ Court was directed to decide the writ
petition at an early date. Thereafter, the matter was
nominated to this Bench and the matter was heard at
length on 22.03.2024.
48. On 22.03.2024, the learned counsel for the
petitioner pointed out the statement, as given by the
University in its counter affidavit in para 2.28 and 3.18
and the same are being reproduced herein as below:-
"2.28 On 10.01.2024, the University wrote to the
UGC asking it to review grant of autonomy in absence
of essential conditions of 7.2 of the UGC Regulations
2023 having been complied with in as much as the
University was not granted online access and no
written postal communication was being taken
cognizance of by the UGC.
It was pointed out by the University to the UGC
that the College did not meet the essential conditions
of eligibility laid down by the Executive Council of the
University and thus, the Autonomy cannot be granted
to such a college.
3.15 Review pending with the UGC. The University
has written to the UGC asking it to review grant of
autonomy in the absence of essential condition of 7.2
of the UGC Regulations 2023 having been complied
with inasmuch as the University was not granted
online access and no written postal communication
was being taken cognizance of by the UGC. It was
pointed out that the College did not meet the essential
conditions of eligibility laid down by the Executive
Council of the University and thus, the Autonomy
cannot be granted to such a college. The review
request is present pending with the UGC. In the
circumstances no order directing notification of the
autonomy status ought to be directed which renders
the request of the University to become infructuous or
present a fait accompli."
49. By giving reference to the aforesaid two paragraphs
of counter affidavit, learned counsel for the petitioner
submitted that as per the stand as taken by the
respondent/University in the counter affidavit, a Review
Application was preferred by the University before the
UGC for reviewing the decision with regard to grant of
autonomous status to the petitioner's institution and the
same was pending for consideration.
50. Learned counsel for the petitioner by giving
reference of these paragraphs and further by giving
reference that the review was filed by the University,
placed before this Court another letter of the UGC dated
28.02.2024, an advance copy of which is given to the
learned counsel for the University. For ready reference,
the said letter dated 28.02.2024 is being reproduced as
under:-
"To,
The Registrar,
Veer Madho Singh Bhandari
Uttarakhand Technical University
Chandanwadi,
Prem Nagar, Sudhowala,
Dehradun, Uttarakhand - 248007
Ref: Your Letter Ref. No.: 3684/VMSBUTU/2024
dated 10/01/2024.
Sub: Conferment of Autonomous Status to Shivalik
College of Engineer Sihniwala, Shimla Bypass Road,
Dehradun-248197 affiliated to Veer Madho Singh
Bhandari Uttarakhand Technical University,
Dehradun.
Sir,
This has reference to your letter dated 10-01-
2024 on the above subject. A college seeking
autonomous status is required to apply on the portal
www.aucollege.ugc.ac.in. As soon as the application
is duly submitted college on the portal, system
generated email is sent to the affiliating University to
provide its comments on the portal.
It is understood that in the instant case the
college also informed the university about its
application for Autonomy vide its letter dated
28.08.2023. The UGC, however, did not receive any
comment from the University reference to the college's
letter dated 28.08.2023.
If the University had any objections/comments
about the college as mentioned in your letter, the
University should have communicated the same the
UGC in advance.
The Application for conferment of autonomous
status was considered by the Standing Committee on
Autonomous Colleges in its 66th meeting held on 22nd
and 23rd October 2023 and recommended for
conferment of autonomous status upon the college for
a period of ten years, as per clause 7.5 of the UGC
(Conferment Autonomous Status Upon Colleges and
Measures for Maintenance of Standards in
Autonomous Colleges) Regulations, 2023.
The recommendation made by the Standing
Committee was approved by the Commission in its
meeting held on 3rd November 2023.
In view of the above, you are requested to issue
necessary notification under clause 4.2 of the UGC
(Conferment of Autonomous Status Upon Colleges
and Measures for Maintenance of Standards in
Autonomous Colleges) Regulations, 2023, as per this
office letter of even no. dated on 13th November 2023.
A copy of the notification may please be sent to
the UGC.
Yours Sincerely
(Dr. Gopi Chand Merugu)
Deputy Secretary"
51. Learned counsel for the petitioner on 22.03.2024,
by placing on record the said letter dated 28.02.2024 of
the UGC, submitted that since the sole stand of the
University in the counter affidavit was that the review
has been preferred before the UGC, which is pending for
consideration and now, since by this letter dated
28.02.2024, the Review Application has been rejected
with a direction to the University to issue the necessary
Notification as per clause 4.2 of the UGC Regulations,
2023 as communicated earlier by letter dated
13.11.2023, the University is bound to issue the
Notification.
52. It is very strange that when this matter was heard
on 22.03.2024, the letter issued by the UGC was placed
before this Court by the learned counsel for the
petitioner, which pertains to the rejection of the Review,
filed by the University. Mr. Jatinder Sethi, learned
counsel for the University submitted that he is not aware
about this letter though his assisting counsel Ms. Poonam
was having the copy of the said letter; however, he
submitted that he wants to verify the said letter as the
same is not with him since he is appearing through V.C.
On his request, the matter was posted for another date
and simultaneously, the Registrar of the University was
also directed to file his personal affidavit by giving
statement, on which date the letter dated 28.02.2024
was received by him and what action has been taken
thereafter.
53. In compliance of order dated 22.03.2024, a
compliance affidavit has been filed by the Registrar of the
University, which was sworn on 01.04.2024. Paragraphs
2, 3 and 4 of the compliance affidavit are being extracted
herein as below:
"2. In answer to the query raised by this Hon'ble
Court in the said order dated 22.3.2024, I submit that
vide letter dated 10.1.2024 the University wrote to the
University Grants Commission (hereinafter "UGC"
for brevity) pointing out that the University had
refused to recommend the proposal of Shivalik
College of Engineering (hereinafter "College" for
brevity) for grant of approval of autonomy vide its
letter dated 5.9.2023 and vide University's letter dated
6.9.2023 the UGC had been apprised that in violation
of Regulation 7.2 of the Conferment of Autonomy
Regulations 2023, the University was denied access to
the UGC portal to enable the University to place the
same on the portal. Notwithstanding the above, the
UGC on 3.11.2023 had decided to approve the
proposal of the College for grant of autonomy status
and communicated the same to the University vide
letter dated 13.11.2023. It was further pointed out that
vide letter dated 21.11.2023 addressed to the College
with copy to the UGC, the college was asked to
furnish its response thereto however the college did
not respond to the same. The UGC was therefore
requested to reconsider its decision to recommend the
proposal of the College for grant of Autonomy status.
Annexed hereto and marked as Annexure No. A
- 1 is a copy of the letter of the University to the UGC
dated 10.1.2024.
3. I say that on 01.03.24, the University received a
letter dated 28.2.2024 from the Deputy Secretary of
the UGC wherein the commission completely avoided
to answer the question as to why in violation of
Regulation 7.2 of the Conferment of Autonomy
Regulations 2023, the University was not provided
access to the UGC portal to enable the University to
place its refusal of the proposal of the college on the
portal. Thus, without even applying its mind much less
meeting the relevant contention, the UGC
mechanically reiterated its request of 13.11.2023 to
the University to issue notification under Regulation
4.2 of the Regulations of 2023.
Annexed hereto and marked as Annexure No. A-
2 is a copy of the letter of the UGC dated 28.2.2024 of
the UGC.
4. I say that on receipt of this letter, the same was
put up before the Hon'ble Vice Chancellor of the
University, who directed the deponent to obtain legal
advice from Shri Shailendra Nauriyal, Counsel for the
University handling the present matter. Pursuant
thereto a copy the subject letter dated 28.2.2024 was
sent to the office of Shri Shailendra Nauriyal,
Advocate. The deponent also spoke to him on phone
and requested him to give his valuable advice on the
subject."
54. It is also contended in this compliance affidavit that
after seeking legal opinion from his counsel, the
University preferred a petition challenging the UGC letter
13.11.2024 and letter dated 28.02.2024 and since
27.03.2024 and 28.03.2024 were holiday, so the
respondent University filed the petition on 01.04.2024, in
which it was submitted in the affidavit that since the
University filed a petition, therefore, this matter may be
heard along with the said petition.
55. A short affidavit was filed by the Registrar on
02.04.2024 in response to the query of this Court on
01.04.2024 that how many colleges have been affiliated
with the University, in which the courses / programmes
have been accredited by the National Board of
Accreditation in order to assess the qualitative
competence of programmes. On this query, it is pointed
out in the affidavit that at present, only G.B. Pant
Institute of Engineering and Technology, Pauri Garhwal,
(autonomous) offers NBA Accredited Programmes namely
Mechanical Engineering, Electronic and Communication
Engineering, Electrical Engineering and Computer Science
and Engineering. It is also contended that in the
academic year 2012-13, on the basis of NBA
accreditation, the Institution has been conferred
autonomous status in accordance to the regulation of
UGC, and thereafter, no autonomous status has been
conferred to any other technical institution for want of
NBA Certificate for any course / programs. It is further
submitted that till date, the University has not notified
any institution with an autonomous status on the
recommendation of the UGC issued in accordance with
UGC Regulations, 2023.
56. Learned counsel for the petitioner submits that UGC
Regulations, 2023 is meant for prescribing higher eligible
condition for the purpose of grant of autonomous status
to an Institution. He further submits that Article 254 of
the Constitution of India is not attracted as there is no
conflict between two eligible conditions prescribed by the
University under its statute and regulations and the
guidelines framed on 05.10.2023 and the UGC
Regulations, 2023, which is meant for giving autonomous
status to an Institution.
57. Learned counsel for the petitioner submitted that
the judgments as relied upon by the learned counsel for
the University i.e. in the case of S. Satuyapal Reddy
(supra) and Jaiveer Singh (supra) are not applicable.
58. Apart from this, learned counsel for the petitioner
submitted that the Parliament in exercise of powers
conferred under Article 246 (1), Entry 66 of List 1- Union
List of Constitution of India enacted the University Grants
Commission Act, 1956 to establish University Grant
Commission/R-4 as a statutory body of the Government
of India for the coordination, determination, and
maintenance of standards of university education in
India. Chapter III of the Act deals with the powers and
functions of the Commission. Section 12 (j) of UGC Act
bestows upon UGC the functions for advancing the cause
of higher education in India. It is submitted that UGC has
the power to make regulations in terms of section 28 of
UGC Act (Chapter-IV-Miscellaneous). The procedure as
mandated in section 28 has been followed for framing the
University Grants Commission (Conferment of
Autonomous Status upon Colleges and measures for
maintenance of standards in autonomous colleges)
Regulations, 2023 and as such the same have an
overriding effect as per Article 254 of the Constitution of
India.
Learned counsel for the petitioner submits his
arguments on two folds:-
(i) That the issue of grant of autonomous status
to an institution by the UGC is relatable to List-I
(Union List) of the Constitution of India and the
same does not fall under List-II (State List) or List-
III (Concurrent List), therefore, the Union alone is
having the exclusive power to legislate on the
subject of furthering higher education,
consequently, the UGC Act, 1956 was enacted and
the UGC, in exercise of its powers conferred by
clause (j) of Section 12 read with clauses (f) and
(g) of sub-Section (1) of Section 26 of the UGC
Act, 1956, framed the Regulations of 2023, which
empowers the UGC to grant autonomous status.
Therefore, he submits that the stand of University is
totally misconceived and untenable.
(ii) He further submits that if it is presumed for
the sake of arguments, though not admitting that
the grant of autonomy comes within List-III
(concurrent list) even then, by virtue of Article 254
of the Constitution of India, in case of any
repugnancy, the law made by the Union would
prevail against the law made by the State.
59. On these aspects, he submits that the stand of the
University cannot be accepted at all and has absolutely
no legal sanctity and even if it has some persuasive
value, the same is not binding on the University Grants
Commission. Apart from this, the stand as taken by the
University cannot be accepted, particularly, when UGC
Regulations, 2023 governs the field with regard to grant
of autonomous status and there is a complete procedure
and not only this, it also contains the provision with
regard to the eligibility as well as the role of the parent
University.
60. It is very strange that the University is refusing to
grant NOC on one of the ground that the petitioner's
institution is not having NBA Accreditation whereas the
petitioner's institution is having a NAAC Accreditation
which is one of the eligibility criteria as per Regulation
6.3 and asking the institution by the University to fulfil
both, appears to be wholly unwarranted and is contrary
to UGC Regulations of 2023.
61. Learned counsel for the petitioner further submits
that the preamble of the UGC Regulations, 2023 are
relevant to understanding the import and objective
behind the enactment of regulations. The preamble
states that "there is a need to promote the autonomy of
colleges so as to enhance the quality of higher education
in the country. The regulations framed are to provide a
uniform criteria for grant of autonomy to
colleges/institutions all over the country.
62. The contention of the University/Respondent no.1
that the regulations prescribe "minimum"
criteria/standards are belied from the preamble as there
is no reference to the word "minimum" in the regulations
and the standards so prescribed to get autonomous
status cannot be assumed to be 'minimum" and on the
contrary the word used in the preamble is "enhance the
quality of higher education" so the objective of the UGC
Regulations, 2023 is enhancement of quality of higher
education in the country. The decision of the executive
council dated 05.10.2023 setting out a policy for grant of
no-objection to Colleges/Institutions by the University is
not a Regulation formulated under the University Act as
per Section 30 of The Veer Madho Singh Bhandari
Uttarakhand Technical University Act, 2005. In the
absence of any enactment to the contrary the UGC
Regulations, 2023 govern the field as far as grant of
autonomous status is concerned. The primacy of
Regulations formulated by UGC as far as granting of
autonomous status is concerned has been upheld by the
Madras High Court in the case of Anna University vs.
Mahendra Institute of Technology (2020 SCC
OnLine Mad 27850).
63. Mrs. Anjali Bhargava, learned counsel for the UGC
submits that the UGC in its meeting held on 03.11.2023
has approved the recommendation of the Standing
Committee on Autonomous Colleges to confer the
autonomous status to Shivalik College of Engineering, the
petitioner for the academic year 2024-2025 to 2033-
2034 as per clause 7.5 of the UGC Regulations, 2023.
She further submits that after the grant of
autonomous status, the University was directed to issue
necessary notification within 30 days as per UGC
Regulations, 2023.
She further submits that the University should
abide by the instructions issued by the UGC by letter
dated 13.11.2023 and non compliance of the instructions
issued by the UGC required action as per clause 13 of
UGC Regulations, 2023.
She further submits that by letter dated
10.01.2024, the UGC has informed to all the universities
with regard to implementation of the UGC Regulations,
2023, i.e. University Grants Commission (Conferment of
Autonomous Status upon Colleges and Measures for
Maintenance of Standards in Autonomous Colleges)
Regulations, 2023.
She further submits that the University is under
legal obligation to implement the instructions issued by
the UGC by letter dated 13.11.2023 by issuing the
notification for grant of autonomous status to the
petitioner's institution. Apart from this, it is also
submitted by the learned counsel for the UGC that the
Parliament in exercise of power under Article 246 (1),
Entry 66 of List I-Union List of Constitution of India
enacted the University Grants Commission Act, 1956 to
establish University Grant Commission/R-4 as a statutory
body of the Government of India for the coordination,
determination, and maintenance of standards of
university education in India. The UGC Act, 1956 was
enacted by the Parliament under the provisions of Entry
66 List I of the Seventh Schedule of the Constitution,
which entitles it to legislate in respect of "co-ordination
and determination of standards in Institutions for higher
education or research and scientific and technical
education". For the said purpose, the Act authorized the
Central Government to establish a commission, by name,
the University Grants Commission. Chapter III of the Act
deals with the powers and functions of the Commission.
Section 12 states that it shall be the general duty of the
Commission to take, in consultation with the Universities
or other bodies concerned, all such steps as it may think
fit for the promotion and co-ordination of University for
determination and maintenance of standards of teaching,
examination and research in Universities, and for the
purpose of performing its functions under the Act, the
Commission has been bestowed with certain powers
under the Act. The UGC Act was legislated for
coordination and determination of standards of higher
education in India with commandment to the UGC to take
such steps as may be necessary for promotion and
coordination of higher education in universities and
institutions. The UGC, therefore, fixes and ensures
maintenance of standards in teaching, examination and
research in higher education. To fix and enforce these
standards, the UGC has framed Rules and regulations,
and issues guidelines under the UGC Act. In exercise of
the power vested in UGC, it has enacted University
Grants Commission (Conferment of Autonomous Status
Upon Colleges and Measures for Maintenance of
Standards in Autonomous Colleges) Regulations, 2023.
The preamble of the UGC Regulations, 2023 are relevant
to understanding the import and objective behind the
enactment of regulations.
64. Mr. Jatinder Sethi, learned counsel for the
University submits that grant of degree is the prerogative
of the University under Section 22 of the UGC Act 1956
read with S.6 (c) & (d) of the Uttarakhand Technical
Education Act 2005 and within its power to fix necessary
qualifications for grant of such degree to a student and
prescribes duties and privileges available to colleges in
which such students study. While the University lays
down conditions for affiliation & grants privileges to
affiliated colleges to teach students as per curriculum
fixed and examinations held by the university, Autonomy
as defined in Section 2(c) of the UTU Act 2005 is an
extended privilege which the University alone is
empowered to award to an affiliated college under
Section 42 of the UP State Universities Act 1973 (as
applicable to Uttarakhand) in terms of allowing such
college to fix its own curriculum and hold own exams etc,
but degree in both cases continues to be granted by the
University only to students who meet necessary
qualifications fixed by the University.
He further submits that UGC's mandate under the
UGC Act 1956 is to determine standards in Universities
and can frame regulations only defining the minimum
standards of instruction for the grant of any degree by
any University. Thus a University, for grant of its degree
can fix standards which are equal to or more/higher as
defined by the UGC but not less/lower. Article 254 of the
Constitution ensures this. The UGC thus cannot force the
University to grant degree to a student who while
meeting the minimum prescribed by the UGC but does
not meet higher/added qualifications fixed by the
University.
He further submits that the UGC Act nowhere
empowers the UGC to frame regulations either granting
autonomy itself or even recommending grant of
autonomy by the University to a college. To this extent
the UGC Regulations 2023 travel beyond the scope of the
enabling UGC Act and are ultra vires, inconsistent and
repugnant thereto.
He further submits that assuming for the sake of
argument without admitting the same that the UGC Act
could only empower the UGC to at least recommend to
the University, autonomy for a college, the UGC cannot
use such recommendation, in the absence of any power
to bind the University, to grant autonomy to a college,
who may be meeting minimum standards of instruction
set by the UGC but does not meet higher/added standard
of instruction fixed by the University under Section 42 of
the State Universities Act of 1973 for grant of autonomy.
He further submits that assuming for the sake of
argument, again without admitting the same, that the
UGC Regulations 2023 are a valid piece of subordinate
legislation, the Regulations of 2023 themselves provide
for a two step mechanism to weed out applications of a
college not meeting eligibility criteria of a parent
University to which it is affiliated even though the college
may meet the minimum eligibility set by the UGC. This is
evident from the procedure set out in Regulation 7 where
firstly a preliminary recommendation on the application
of a college from the parent affiliating university is
mandated, even before the proposal is considered by a
standing committee which scrutinizes the application.
Thus if a parent university refuses a recommendation of
a college on the ground that it does not meet its
eligibility conditions, the UGC is bound to reject the
proposal as well. The second step is when the University
for some reason fails to respond within 30 days, even
after the proposal of the institution is approved by the
UGC, it can only request the University to grant the
autonomy. Since the actual grant of autonomy status is
within the subjective satisfaction and domain of the
parent affiliated University under the UTU Act & State
Universities Act, who on finding the institution not
meeting its higher standard/criteria may refuse to notify
autonomous status to an applicant.
He further submits that in the present case the
Petitioner College does not meet the eligibility criteria set
by the University for grant of Autonomy. While the UGC
under Regulation 6.3 of the 2023 regulations prescribes
NAAC or NBA accreditation as the minimum requirement
for an institution to be eligible to apply for autonomy, the
University has, inter-alia in exercise of power under
Regulation 17.01 of the UTU First Regulation 2018
framed under Section 31(f) of the UTU Act 2005, vide
Executive Council resolutions dated 2.9.2022 and
5.10.2023 exercising its powers under section 18(1)(d),
(e) & (m) of UTU Act 2005 and Section 42 of the State
Universities Act of 1973, prescribed NAAC and NBA
accreditation as the higher requirement to be eligible for
autonomy along with certain other conditions.
He further submits that the UGC (Affiliation of
Colleges by Universities) Regulations 2009 [vide
Regulation 3.4.2] binds the College to comply with all the
provisions of the Act, Statutes, ordinances, Rules and
Regulations of the University. Accordingly if the Executive
Council of the University prescribes higher conditions for
the conferment of degrees and other academic
distinctions, and the qualifications for the same in terms
of Section 30 and 31 of the UTU Act of 2005 read with
Section 42 of the State Universities Act of 1973, the
same are to be mandatorily complied with by the
affiliated college. As long as the College remains affiliated
with the University, it must meet the eligibility criteria to
be able to apply for grant of autonomy status. Thus
University Eligibility Conditions dated 2.9.2022 and
5.10.2023 are binding and operative on the College and
the decision of the UGC taken on 3.11.2023 as
communicated vide letter dated insofar as it is in
violation of the University Eligibility Conditions is bad in
law and un implementable.
He further submits that if Regulation 6.3 of the
2023 UGC Regulations is read to prescribe the only
eligibility criteria for autonomy (as opposed to minimum
eligibility), the same would be discriminatory and in
violation of Article 14 of the Constitution. It is submitted
that once the bench mark set by the University for grant
of its degree in case of autonomous college is a higher
standard than that prescribed by the UGC,
colleges/graduates who meet the University standard
would stand discriminated against with those who having
lesser qualifications but falling within the same class of
colleges/students getting the same degree. The
Regulations thus not only provide differential treatment
to affiliated colleges but also to autonomous colleges
(those granted autonomy by the University) within the
same class.
He further submits that the UGC has violated its
own Regulations while considering the application of the
College seeking approval for grant of autonomous status.
Reg. 7.2 of UGC Regulations 2023 stipulates that all
recommendations/rejections of proposal of autonomy
must be made only on the online portal of the UGC and
that too within 30 days failing which it would be
presumed that the University has no objection to the
proposal. It is thus sine qua non for the provision to
apply, the other accompanying requisite conditions i.e.
the University must be provided online access, must also
be fulfilled. The UGC failed to provide online access to the
University despite its request sent by post/email on
6.9.2023. It is settled law that an obligation cannot be
read in isolation but must be read with its accompanying
entitlements. What one hand gives cannot be taken away
by the other hand. Moreover an irregularity in procedure
which takes away a statutory right renders it to become
an illegality and void. The absence of access to UGC
Portal is fatal for existence of the presumption. The UGC
Letter dated 13.11.2023 is bad in law and cannot be
implemented.
He further submits that the letter issued by UGC
dated 13.11.2023 has not been issued on merits but on a
presumption that the University had no objection to grant
of such status when the University had very categorically
rejected the proposal on 5.9.2023 on the ground of
ineligibility and informed the College of the same. The
College was under obligation to notify the UGC of the
rejection of its proposal by the University however it
deliberately concealed this fact from the standing
committee of the UGC and the Commission when it met
on 3.11.2023 and in ignorance approved the proposal for
grant of Autonomy status by the University to the
college. The College cannot be allowed to take advantage
of its own wrong. Thus the letter dated 13.11.2023 from
the UGC is obtained by concealment, misrepresentation
and fraud rendering it non-est, inoperative and void in
law. The University remains under no duty to notify or
grant autonomy status to the College based on a non-est
approval.
He further submits that the University had written
to the UGC asking it to review grant of autonomy in
absence of essential conditions of 7.2 of the UGC
Regulations 2023 having been complied with in as much
as the University was not granted online access and no
written postal/email communication was being taken
cognizance of by the UGC. It was pointed out that the
College did not meet the essential conditions of eligibility
laid down by the Executive Council of the University and
thus the Autonomy cannot be granted to such a college.
Vide letter dated 28.2.2024 the UGC has rejected the
request mechanically hence it suffers the vice of non-
application of mind to the stated grounds and hence the
request contained therein to the University to notify the
college as an autonomous college cannot be acceded to.
He further submits that the University is not a post
office and notification is no ministerial function. The
University remains a vanguard of interests of students
and quality of education under University Regulations of
2018. The University has to apply its mind to proposed
grant of autonomy status to the College by the
University, prior and post approval of application by the
UGC and it is only on the subjective satisfaction of the
University that the college meets the eligibility criteria set
by it that a notification granting autonomy can be issued.
Since the College does not meet eligibility conditions
prescribed by the University, the University has every
right to refuse notification of such conferment on an
ineligible college.
He further submits that the time period of 30 days
for notification of the Autonomy status in terms of
Regulation 4.2 of the UGC Conferment Regulations 2023
expired on 13.12.2023 rendering the approval for grant
of Autonomy certificate to have lapsed. The University
cannot notify an expired approval for grant of autonomy
status.
He further submits that it is the University who is to
award degrees to students in its own name and its own
eligibility criteria cannot be sought to be given a go by,
that too by a college who relying merely on UGC
regulations which are inconsistent and repugnant to the
Parent UGC Act, obtains an approval from the UGC (who
can only set minimum standards) for grant of autonomy
by the University by a questionable method based on
default presumption, when the University has specifically
rejected its proposal on the ground of ineligibility of
criteria duly fixed under Regulations framed under the
UTU Act. It is even otherwise untenable to expect the
University to notify the autonomy and violating its own
set eligibility criteria, discriminate with other affiliated
institutions to whom the eligibility criteria applies equally
across the board.
He further placed reliance on various judgments
such as M. Karunanidhi Vs. Union of India, 1979(3)
SCC 431; S. Styapal Reddy Vs. Govt. of A.P., 1994
(4) SCC 391; State of T.N. Vs. SV Bratheep, 2004
(4) SCC 513; UP Coop Cane Union Fed Vs. West UP
Sugar Mills, 2004 (5) SCC 430; Visveswaraiah Tech
University Vs. Krishnendu Halder, 2011 (4) SCC
606; TN Medical Officers Assn. Vs. UOI, 2021 (6)
SCC 568; Jaiveer Singh Vs. State of Uttarakhand,
2023 SCC OnLine SC 1584; ADM (Rev) Delhi Admn
Vs. Siri Ram, 2000 (5) SCC 451; Sukhdev Singh Vs.
Bhagat Ram Sardar Singh, 1975 (1) SCC 421 and
St. Johns Teachers Training Institute Vs. NCTE,
2003 (3) SCC 321.
65. After hearing learned counsel for the parties and
after gone through the entire record and the judgments
as relied upon by the learned counsel for the parties, this
Court is of the view that the UGC Regulations, 2023 is
meant for grant of autonomous status to the Institutions
and once the Standing Committee took a decision for
grant of autonomous status to the petitioner's Institution
then the University is under legal obligation to issue
Notification. The procedure, as prescribed by the UGC for
the grant of autonomous status is prescribed under UGC
Regulations, 2023, is a complete procedure and so far as
the issuance of notification is concerned, this is only a
subsequent step and once the UGC grants autonomous
status the University is bound to implement the
recommendation of the UGC by issuing notification under
Regulation 4.2 of UGC Regulation, 2023.
66. Here, in the present case, the UGC on the
recommendation of the Standing Committee on
autonomous colleges, took a decision for grant of
autonomous status to the petitioner's institution and
therefore by virtue of Regulation 4.2 of UGC Regulations,
2023, the University is bound to issue notification within
30 days, which in the present case, has not done. This
appears to be inaction on the part of the University.
67. Further, the stands as taken by the University are
also untenable particularly when the Regulations of 2023
holds the field exclusively in the matter of grant of
autonomous status, as such, the refusal to issue
notification despite the instructions issued by the UGC
cannot sustain. The Regulations of 2023 contains the
complete procedure for grant of autonomous status and
also contains the provision for the eligibility and once the
recommendation of the Standing Committee on
autonomous colleges to confer the autonomous status to
the petitioner's institution was approved by the
Commission in its meeting then the University is bound
to issue the notification as per Regulation 4.2 of the UGC
Regulations of 2023. Furthermore, the University Grants
Commission (Conferment of Autonomous Status upon
Colleges and Measures for Maintenance of Standards in
Autonomous Colleges) Regulations, 2023 were framed
with its aim and object since there is a need to promote
the autonomy of colleges so as to enhance the quality of
higher education in the country. Therefore, as per
Regulation 4 University is under legal obligation to
implement the recommendation made by the UGC.
68. Here, in the present case, the University should
keep in mind the object behind framing the Regulations
of 2023, but it appears that refusal to issue the
Notification as per Regulation 4.2 of Regulations of 2023
is nothing but an attempt of the University to frustrate
the aims and object of the Regulations of 2023.
69 It is very surprising that in the present case,
despite the fact that the UGC approved the
recommendations of Standing Committee on autonomous
colleges to confer the autonomous status to the
petitioner's institution, the notification have not been
issued by the University and not only this, even the
request for recalling the earlier letter of the UGC dated
13.11.2023 was turned down by a subsequent letter of
the UGC despite this up till date, the notification have not
been issued. This appears to be a great inaction on the
part of the University therefore, this Court have no
hesitation to say that the manner in which the University
is not issuing the notification for grant of autonomous
status to the petitioner's institution in view of Regulation
4.2 of the Regulations, 2023 is wholly unwarranted and
this is nothing but in complete violation of UGC
Regulations of 2023.
70. The most important aspect of the matter is with
regard to the eligibility, and the eligibility as prescribed
under UGC Regulations, 2023 is either NAAC
Accreditation or NBA Accreditation, meaning thereby only
one such qualification is required for the purposes of
grant of autonomous status.
71. Here, in the present case, the petitioner's institution
is having one of the eligibility as per UGC Regulations,
2023, but refusing to give NOC on the ground that the
petitioner's institution is not having NBA accreditation, is
completely in violation of Regulation 6.3 of the UGC
Regulations, 2023. The reasons, as given for refusing
NOC by the University, are wholly unwarranted and not
acceptable.
72. Thus, in view of the observation as given above, the
writ petition is allowed and a writ of mandamus is being
issued to the University/ Respondent No. 1 to issue
necessary notification, notifying the petitioner's
institution/colleges as autonomous college as per
Regulation 4.2 of UGC Regulations of 2023, as well as in
compliance to the letter of the UGC dated 13.11.2023
and subsequent letter dated 28.02.2024 hence forthwith.
73. No order as to costs.
___________________________
Rakesh Thapliyal, J.
Dt: 04.06.2024
Mahinder/
