Raj Educational Trust v. The University Grants Commission,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.09.2023
CORAM
MR.JUSTICE N.SESHASAYEE Raj Educational Trust Represented by its Trustee Mr.Rajappa Sevu No.14, Raman Street, T.Nagar, Chennai-600 017.
... Petitioner Vs.
1.The University Grants commission Rep. by its Secretary, Bahadur Shah Zafar Marg New Delhi-110 002 2.The Anna University, rep. by its Registrar, Anna University Campus, Guindy, Chennai-600 025.
(R2 suo motu impleaded vide order dated 25.09.2023 made in W.P.No.27409 of 2023 by NSSJ) ... Respondents PRAYER: The writ petition filed under Article 226 of the Constitution of India, for issuance of a writ of Mandamus, directing the respondent to 1/6
consider the petitioner trust's college viz., King's College of Engineering application dated 23.06.2023 in Application No.UGC-AC-TAM-00000117 strictly in accordance with the University Grants Commission (Conferment of Autonomous Status Upon Colleges and Measures for Maintenance of Standards in Autonomous Colleges) Regulations, 2023 and confer autonomous status within a time frame to be fixed by this Court. For Petitioner : Mr.Richardson Wilson For Respondents : Mr.B.Rabu Manohar Central Government Standing Counsel for R1 Mr.U.Baranidharan Standing Counsel for R2 (suo motu impleaded)
ORDER
By consent, this writ petition is taken up for final disposal at the admission stage itself.
2.The petitioner herein has applied for constituting it as an autonomous College and has made its application to the first respondent herein on 23.06.2023. The petitioner now only seeks that its application be considered 2/6
by UGC within the framework of University Grants Commission (Conferment of Autonomous Status Upon Colleges and Measures for Maintenance of Standards in Autonomous Colleges) Regulations, 2023. 3.1 Mr.Richardson Wilson, the learned senior counsel appearing for the petitioner submitted that in terms of Clause 7(1) of the aforesaid Regulation, the College concerned has to upload its application for conferment of autonomous status on it in the official portal of the UGC, and under Clause 7(2) of the said Regulation, the parent University is required to scrutinize the same and is required to give its recommendation to the UGC. The learned counsel added that the recommendation of the parent University is one of the factors which the UGC will consider when deciding on the conferment of autonomous status for the College, but it is not the only factor.
3.2 The learned counsel also made a fair statement that Anna University, the parent University as of today, has refused to recommend the case of the petitioner for granting an autonomous status. 3/6
4.This Court now suo motu impleads the Anna University, rep. by its Registrar, Anna University Campus, Guindy, Chennai-600 025, as the second respondent.
5.Mr.U.Baranidharan, the learned standing counsel takes notice for the newly impleaded second respondent.
6.Mr.B.Rabu Manohar, the learned Central Government Standing Counsel appearing for the first respondent submitted that Anna University by its proceedings dated 08.07.2023, refused to recommend the case of the petitioner essentially because the petitioner does not enjoy as its statutory accreditation status under NAAC 'B++', whereas under Regulation 7.5, that autonomous status shall be initially granted for a period of 10 years from the commencement of the academic session, for which the petitioner must enjoy minimum 'A' Grade by NAAC. Inasmuch as the petitioner has only a 'B++' and not 'A', the petitioner's case may not be considered. 4/6
7.The learned counsel for the respondent submitted that a 'A' Grade is necessary, only if the autonomous status is contemplated for 10 years. But for granting autonomous status for 5 years, or below 10 years, Regulation 7.4 will apply, in terms of which, all that the petitioner requires is any accreditation by the accrediting authority.
8.Without getting into the merit of the arguments or submissions made on either side, this Court merely requires the first respondent to consider the case of the petitioner for conferring itself with an autonomous status within a period of twelve (12) weeks from the date of receipt of an online copy or the date on which the order is hosted in the official website, whichever is earlier.
9.The writ petition is accordingly disposed of. No costs. Consequently, the connected miscellaneous petition is closed.
25.09.2023 Anu Note to Office : Issue order copy on 06.10.2023. 5/6
N.SESHASAYEE, J.
Anu To.
1.The University Grants commission Rep. by its Secretary, Bahadur Shah Zafar Marg New Delhi-110 002 2.The Anna University, rep. by its Registrar, Anna University Campus, Guindy, Chennai-600 025.
25.09.2023 6/6