Vels Institute Of Science v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Wednesday, the Eighth day of June Two Thousand Twenty Two PRESENT THE HON`BLE MR.JUSTICE ABDUL QUDDHOSE WMP.No.28050 of 2021 IN WP.No.26591 of 2021 VELS INSTITUTE OF SCIENCE, [ PETITIONER ] TECHNOLOGY AND ADVANCED STUDIES (VISTAS), (DEEMED TO BE UNIVERSITY ) REP BY ITS REGISTRAR DR.P.SARAVANAN VELAN NAGAR, P.V.VAITHIYALINGAM ROAD, PALLAVARAM, CHENNAI 600 117 Vs 1 THE SECRETARY TO GOVERNMENT [ RESPONDENTS ] GOVERNMENT OF INDIA, MINISTRY OF EDUCATION, DEPARTMENT OF HIGHER EDUCATION ICR DIVISION, 515B, B WING, SHASTRI BHAVAN, NEW DELHI- 110 001.

2 THE UNIVERSITY GRANTS COMMISSION, REP BY ITS CHAIRMAN, BAHADUR SHAH ZAFAR MARG, ITO METRO GATE NUMBER 3, ROAD, NEW DELHI- 110 002.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order of INTERIM DIRECTION directing the 2nd respondent to conduct inspection in the Petitioner University to assess and grade the Petitioner University within a stipulated time, [in WMP.No.28050/2021] Pending disposal of the above WP.No.26591/2021. Order : This Miscellaneous petition coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.N.MURALI KUMARAN, Advocate for M/S.MCGAN LAW FIRM for the petitioner and of M/S.B.RABU MANOHAR, SCGC on behalf of the 1 and 2 Respondents, the court made the following order:-

This Writ Miscellaneous Petition has been filed seeking for an interim direction directing the 2nd respondent to conduct inspection of the petitioner University to assess and grade the petitioner university within a stipulated time pending disposal of the above Writ Petition.

2. The petitioner University has filed the above Writ Petition challenging the order dated 22.11.2021 passed by the first respondent, under which the petitioner's Institution has been declared to be not eligible to establish Off-Campus centre as they neither fall in Category-I and Category-II nor is ranked in top 50 universities category of current NIRF ranking.

3. The petitioner has challenged the impugned order on the following grounds:

As on the date of application seeking for recognition for its Off-Campus, UGC (Institution deemed to be Universities) Regulations 2019 was not in place and therefore, category-I and Category-II are not applicable as stated in the impugned order, which is applicable only for the applicants, who had applied after UGC (Institution deemed to be Universities) Regulations 2019 came in place. The petitioner claims that it has got every other approval for setting up of its Off-Campus excepting for the approval from UGC.

4. Learned counsel for the petitioner submits that an inspection will have to be done by the respondents of the petitioner's Off-Campus, but they are refusing to come for inspection.

5. However, the learned standing counsel for the respondents submits that since the petitioner does not fall under any of the category under UGC (Institution deemed to be Universities) Regulations 2019, the inspection cannot be done by the respondent. He also drew the attention of this Court to the counter affidavit filed by the second respondent and in particular, he referred to paragraph No.5, which is extracted hereunder:

5. It is most respectfully submitted that the only issue in this Writ Petition is that whether the petitioner University is fulfilling the requirements as stipulated under clause 7.01 of the UGC (Institution deemed to be Universities) Regulations 2019. For better appreciation of the case, clauses 7.01 and 7.01.1 are extracted hereunder:

7.01 - Institutions Deemed to be Universities in Category-I & Category-II or ranked from 1-50 in the "Universities" category of current NIRF ranking shall be permitted to start new Off-Campus Centre(s) following the procedure mentioned hereunder:

7.01.1 - Institutions Deemed to be Universities in Category - I & Category-II or ranked from 1-50 in the "Universities" category of current NIRF ranking shall submit their applications to the Government by way of an Affidavit in the prescribed proforma for approval to start an Off-Campus Centre or, for issuance of Letter of Intent for setting up of an Off-Campus, as the case may be. After referring to paragraph No.5 of the counter affidavit, the learned standing counsel would submit that the petitioner University, in order to enable them to start an Off-Campus Centre, should come with category Clause 7.01 of the UGC (Institution deemed to be Universities) Regulations 2019. He would also submit that they are also not ranked in 1-50 in the "Universities" category of current NIRF ranking and also not ranked under Category-I and Category-II as prescribed in the UGC (Institution deemed to be Universities) Regulations 2019.

6. This Court, after giving careful consideration to the submissions made by the respective counsels, is of the considered view that no prejudice would be caused to the respondents if an inspection of the petitioner Off-Campus facility is carried out by the respondents.

7. Learned counsel for the petitioner would submit that after the inspection, pursuant to the direction given by this Court, the respondents can decide as to whether the petitioner's Off-Campus will fall under any of the categories referred to in the UGC (Institution deemed to be Universities) Regulations 2019 or not.

8. Only an inspection is going to be carried out and therefore, this Court is of the considered view that it will not be prejudicial to the interest of the respondents who have to necessarily act in accordance with the relevant regulations which are applicable.

9. For the foregoing reasons, the interim order sought for in this Writ Miscellaneous Petition is ordered as prayed for and the second respondent is directed to conduct an inspection of the petitioner University and its Off-Campus and submit a report to this Court within a period of 60 days from the date of receipt of a copy of this order.

10. Accordingly, this Writ Miscellaneous Petition is allowed. Cost of Inspection by the respondent will have to be borne by the petitioner University.

Post the main Writ Petition on 17.08.2022.

-sd/- 08/06/2022 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE SECRETARY TO GOVERNMENT GOVERNMENT OF INDIA, MINISTRY OF EDUCATION, DEPARTMENT OF HIGHER EDUCATION ICR DIVISION, 515B, B WING, SHASTRI BHAVAN, NEW DELHI- 110 001.

2 THE CHAIRMAN, THE UNIVERSITY GRANTS COMMISSION, BAHADUR SHAH ZAFAR MARG, ITO METRO GATE NUMBER 3, ROAD, NEW DELHI- 110 002.

C.C. to M/S.MCGAN LAW FIRM, Advocate, SR.No.4376/2022. C.C. to M/S.B.RABU MANOHAR, Advocate, SR.No.4361/2022. Order in WMP.No.28050 of 2021 IN WP.No.26591 of 2021 Date :08/06/2022 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format RA 17/06/2022