B.S.Abdur Rahman University v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.08.2023 CORAM :
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR AND THE HON'BLE MR.JUSTICE P.B.BALAJI W.A.Nos.1785, 1784, 1786, 1787, 1788, 1791, 1794, 1869, 1888, and W.P.No.22097 of 2011
1. B.S.Abdur Rahman University (A Deemed to be University) represented by its Registrar Dr.V.M.Periasamy Seethakathi Estate G.S.T.Road,Vandalur Chennai 600 048
2. Abdul Qadir A.Rahman Buhari Secretary, B.S.Abdur Rahman Institute of Science of Technology Society Seethakathi Estate G.S.T.Road, Vandalur Chennai 600 048 Appellants in WA.1785/2011
1. Shanmugha Arts, Science and Technology and Research Academy (SASTRA University) A University under Section 3 of the U.G.C.Act
Having its headquarters at No.5, Subbarayan Nagar Main Road Kodambakkam Chennai 600 024 rep.by its Registrar Dr.S.N.Srivastava Appellant in WA.1784/2011
1. Sathyabama University represented by its Registrar Dr.S.S.Rau Jeppiaar Nagar Rajeev Gandhi Road Chennai 600 119
2. Dr.J.Jeppiaar Managing Trustee Sathyabama Institute of Science & Technology Jeppiaar Nagar Rajeev Gandhi Road Chennai 600 119 Appellants in WA.1786/2011
1. Hindustan University rep. by its Registrar 40, G.S.T.Road St.Thomas Mount Chennai 600 016
2. Anand Jacob Verghese Vice President of Hindustan Institute of Technology & Science No.40, G.S.T.Road St.Thomas Mount Chennai 600 016 Appellants in WA.1787/2011
1. VIT University rep by its Registrar Mr.T.S.Thiagarajan Gayathri Apartments No.2, First West Cross Street Gandhi Nagar West Vellore 632 006 Appellant in WA.1788/2011
1. Thiru V.R.Venkataachalam Managing Trustee Sri Ramachandra Educational & Health Trust No.25, Sir C.V.Raman Road Chennai 600 018
2. Sri Ramachandra University (Declared u/s 3 of the UGC Act, 1956) represented by its Registrar No.1, Sri Ramachandra Nagar Porur, Chennai 600 116 Appellants in WA.1791/2011
1. SRM University (Deemed University under Sec.3 of UGC Act) rep.by its Registrar SRM Nagar Kattankulathur 603 203 Kancheepuram District Tamil Nadu Appellant in WA.1794/2011
1. Bharat University rep by its Registrar No.173, Agaram Road Selaiyur Chennai 600 073
2. J.Sandeep Anand President Bharat Institute of Higher Education and Research A Society registered under the Societies Registration Act, 1975 (Sl.No.36 of 1995) No.29, Tilak Street T.Nagar Chennai 600 017 Appellants in WA.1869/2011
1. St.Peter's University rep.by its Registrar Mr.Dr.M.Shanmugham Avadi Chennai 600 054
2. Dr.T.Bhanumathi Managing Trustee St.Peter's Institute of Higher Education and Research Avadi, Chennai 600 054 Tamil Nadu Appellants in WA.1888/2011
1. Vel Tech Rangarajan Dr.Sagunthala R & D Institute of Science & Technology (Deemed to be University) rep by its Registrar Mr.E.Kannan 42, Vel Tech - Avadi Road Avadi, Chennai 600 062 Appellant in WA.2391/2011
1. Amrita Vishwa Vidyapeetham Amritanagar Post Ettimadai Coimbatore 641 112 rep. by its Registrar Dr.S.Krishnamurthy Petitioner in WP.22097/2011 v.
1. Union of India rep by Secretary to Government Ministry of Human Resource Development (Department of Higher Education) Shastri Bhavan New Delhi
2. University Grants Commission through its Secretary Bahadurshah Zafar Marg New Delhi 110 002 Respondents in WA.1785, 1787/2011
1. Union of India rep.by its Secretary Department of Human Resources Development Shastri Bhavan, New Delhi
2. The University Grants Commission represented by its Secretary Bahadur Shah Zafar Marg New Delhi 110 002 Respondents in WA.1786/2011
1. University Grants Commission Bhadurshah Zafar Marg New Delhi 110 002 represented by its Chairman
2. Government of India Ministry of Human Resource Development Department of Higher Education 128 'C' Wing, Shastri Bhavan New Delhi 110 115 (R2 impleaded suo motu as per order dated 4.8.2010 in WP.17062/10) Respondents in WA.1784/2011
1. Union of India rep by its Secretary Department of Human Resources Development Shastri Bhavan New Delhi
2. The University Grants Commission rep by its Chairman Bahadur Shah Zaffer Marg New Delhi 110 002 Respondents in WA.1788/2011
1. The Secretary University Grants Commission Bahadur Shah Zafar Marg New Delhi
2. Government of India Ministry of Human Resource Development Department of Higher Education 128 C Wing, Shastri Bhavan New Delhi 110 115 Respondents in WA.1791/2011
1. The Secretary University Grants Commission Bahadur Shah Jafar Marg New Delhi 110 002
2. The Joint Secretary University Grants Commission Bahadur Shah Jafar Marg New Delhi 110 002
3. Government of India Ministry of Human Resource Development Department of Higher Education 128 'C' Wing, Shastri Bhavan New Delhi 110 011 Respondents in WA.1794/2011
1. Union of India rep. by its Secretary to Government Ministry of Human Resources Development Shastri Bhavan New Delhi
2. University Grants Commission rep by its Secretary Bahadur Shah Zaffer Marg New Delhi Respondents in WA.1869/2011
1. The Secretary University Grants Commission Bahadur Shah Jafar Marg New Delhi 110 002
2. Government of India Ministry of Human Resource Development Department of Higher Education 128 C Wing, Shastri Bhavan New Delhi 110 115 Respondents in WA.1888/2011
1. Union of India rep.by Secretary to Government Ministry of Human Resource Development (Department of Education) Shastri Bhavan New Delhi
2. University Grants Commission through its Secretary Bahadursha Zafar Marg New Delhi 110 002 Respondents in WA.2391/2011
1. The Secretary University Grants Commission Bahadur Shah Zafar Marg New Delhi 110 002
2. Union of India Ministry of Human Resource Development Department of Higher Education 128 'C' Wing, Shastri Bhavan New Delhi 110 115
3. Union of India rep by its Secretary Department of Human Resources Development Shastri Bhavan New Delhi 110 115
4. University Grants Commission Bahadur Shah Zafar Marg New Delhi 110 002 rep.by its Chairman .. Respondents in WP.22097/2011 Writ Appeals filed under Clause 15 of the Letters Patent, against the order dated 30.08.2011 made in W.P.Nos.16298, 17062, 16299, 16297 of 2010, 4856 of 2011, 16301, 16015, 19624, 16300 of 2010, 5190 of 2011, respectively.
Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Declaration, to declare that the UGC (Institutions Deemed to be Universities) Regulations 2010 to be unconstitutional and ultra vires the UGC Act consequently declare the same to be inapplicable to the petitioner University. For Appellants ::
Mr.Niranjan Rajagopal for M/s G.R.Associates in WA.1784/2011 Mr.A.Jenasenan in WA.1791/2011 Mrs.B.Saraswathi in WA.1794/2011 Mr.Venkatesh Mahadevan in WA.1869/2011
Mr.R.Natarajan in WA's.1785, 1786, 1787, 1788 & 1888/2011 Mr.S.Thanka Sivan in WA.2391/2011 For Writ Petitioner::
Mr.K.F.Manavalan in WP.22097/11 For Respondents ::
Mr.T.V.Krishnamachari for R1 Mr.P.R.Gopinathan for R2 in WA.1787/2011 Mr.P.R.Gopinathan for R1 Mr.S.Haja Mohideen Gisthi for R2 in WA's.1784, 1791/2011 Mr.P.R.Gopinathan for R1 & R2 Mr.S.Haja Mohideen Gisthi for R3 in WA.1794/2011 Mr.S.Haja Mohideen Gisthi for R1 Mr.A.Kumara Guru for R2 in WA.1869/2011 Mr.P.R.Gopinath for R1 Mr.S.Haja Mohideen Gisthi for R2 in WA.1888/2011 Mr.S.Haja Mohideen Gisthi for R1 Mr.P.R.Gopinathan for R2 in WA's.1785, 1786, 1788, 2391/2011 Mr.P.R.Gopinathan for R1 & R4 Mr.S.Haja Mohideen Gisthi for R2 & R3 in WP.22097/2011
COMMON JUDGMENT (Judgment of the Court was made by D.KRISHNAKUMAR,J.) The learned counsels appearing for the appellants and the writ petitioner fairly stated before this Court that the appellants and the writ petitioner have challenged the UGC (Institutions Deemed to be Universities) Regulations 2010 to be unconstitutional and ultra vires the UGC Act in the intra-Court appeals and writ petition, whereas the new Regulations of the year 2023 have superseded the Regulations of the year 2010. Therefore, they submitted that nothing survives for adjudication in these writ appeals and writ petition.
2. The learned counsel appearing for the University Grants Commission may not also have any serious objection for this Court to pass appropriate orders.
3. In view of the subsequent development, all these writ appeals and the writ petition are dismissed as infructuous. It is for the appellants and the
writ petitioner, if they are aggrieved, to challenge the new Regulations of the year 2023 in the manner known to law. Consequently, interim order stands vacated and M.P.Nos.1 & 2 of 2011are also dismissed. M.P.No.1 of 2015 is dismissed as unnecessary. There shall be no order as to costs. (D.K.K.,J.) (P.B.B,J.) Index : yes/no 02.08.2023 ss To
1. The Secretary to Government of India Ministry of Human Resource Development (Department of Higher Education) 128 'C' Wing, Shastri Bhavan New Delhi 110 115
2. The Chairman University Grants Commission Bahadurshah Zafar Marg New Delhi 110 002
3. The Secretary University Grants Commission Bahadur Shah Jafar Marg New Delhi 110 002
4. The Joint Secretary University Grants Commission Bahadur Shah Jafar Marg New Delhi 110 002
D.KRISHNAKUMAR,J.
AND P.B.BALAJI,J.
ss 02.08.2023