Bharathidasan Institute Of Management v. The Vice Chancellor
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.06.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN WP(MD)No.9641 of 2022 and WMP(MD)Nos.6914 & 6916 of 2022 Bharathidasan Institute of Management, Rep.by its Director, Tiruchirappalli - 620014.
... Petitioner vs.
1.The Vice Chancellor, Bharathidasan University, Tiruchirappalli - 620 014.
2.Bharathidasan University, Rep.by its Registrar, Tiruchirappalli - 620 014.
3.The Controller of Examinations, Bharathidasan University, Tiruchirappalli - 620 014.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to call for the records relating to the impugned order passed by the second respondent in his proceedings in Na.Ka.No.BIM/D5/2021 dated 19.08.2021 and quash the same as illegal and contrary to the provisions of the Bharathidasan University (BDU) Statutes and consequently directing the respondents to accept the applications to issue degree certificates submitted by the petitioner for the years 2018-2020 and 2019-2021 and issue degree certificates within the time period that may be stipulated by this Court.
For Petitioner : Mr.M.Ajmal Khan, Senior Counsel M/s.Ajmal Associates for Mr.C.Venkatesh Kumar For Respondents : Mr.V.R.Shanmuganathan
ORDER
Heard the learned Senior Counsel appearing for the petitioner and the learned standing counsel for the university. The petitioner questions the impugned communication bearing Na.Ka.No.BIM/D5/2021 dated 19.08.2021 issued by the second respondent to the petitioner whereby it has been declared that the petitioner is no longer attached or affiliated with the Bharathidasan University. It has 1/8
also been declared that the Bharathidasan University will not issue certificates to the students of the petitioner. The petitioner institution was formed on 27.08.1982 as a School of Excellence under Bharathidasan University. The learned Senior Counsel appearing for the petitioner categorically asserts that the petitioner continues to consider itself as a School of Excellence as defined in Section 2(k) of the Bharathidasan University Act, 1981. Citing the amendment made to the by-laws of the petitioner, the impugned communication has been issued.
2.It is seen that the amendments which are now objected to were made way back on 03.07.2003. The amendments had also been duly approved by the Hon'ble Chancellor. Letter indicating the Chencellor's approval issued on 04.08.2003 was enclosed in the typed set of papers. More than anything else, as late as on 04.04.2016, the then Registrar, Bharathidasan University had written to the AICTE as follows :
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This communication was sent with full knowledge of the amendments made to the by-laws. Since there is no subsequent development, there is no justification for issuing the impugned communication. The learned Senior Counsel draws my attention to the Regulation No.8 of UGC (Affiliation of Colleges by Universities) Regulations, 2009. It reads as under :
"Withdrawal of affiliation.- 8.1. The privileges conferred on a college by affiliation may be withdrawn in part or in full, suspended or modified, if the college, on due enquiry, is found to have failed to comply with any of the provisions of the Act, the Statutes, the Ordinances, the Rules and Regulations or any other direction or instruction of the UGC/University/Statutory/Regulatory body concerned, or failed to observe any of the conditions of affiliation, or has conducted itself in a manner prejudicial to the academic and administrative standards and interests of the University.
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8.2. If an affiliated college ceases to function or is shifted to a different location or is transferred to a different Society, Trust, individual or a group of individuals without the prior approval of the University, the affiliation granted to the college shall lapse automatically on such ceaser, shifting or transfer as the case may be, and it shall be treated as a new college for the purposes of future affiliation. The University/Government shall have the duty to alleviate the educational future of the affected students in an appropriate manner as per its decision.
8.3. Without prejudice to the Regulations, the Commission on its own, or oh the basis of any complaint or any other information or report from any other source, can cause an enquiry by the University in respect of a college, and after giving the college a reasonable opportunity of being heard, may pass an order under Section (l2A)(4) of the UGC Act prohibiting such college from presenting any student then undergoing such specified course/programme of study therein to an university for the award of the qualification concerned and the affiliation of the college shall stand terminated as per Section (l2A)(5) of dIe UGC Act. 8.4.
If the University decides to withdraw the affiliation of the college, or "the affiliation stands terminated by the order of the University, temporarily or permanently, such decision shall not affect the interests of the students of the college who were on its rolls at the time of issue of the order till they pass out the normal duration of programmes to which they are registered at that time. The University/Government shall have the duty to alleviate the educational future of the affected students in an appropriate manner as per its decision."
The respondent university would be justified in withdrawing affiliation granted to the petitioner only if any of the conditions set out above are violated. I am more than satisfied that none of the conditions set out above were violated by the petitioner management. In this view of the matter, the impugned communication is quashed and this writ petition is allowed. The petitioner continues to consider itself as a School of Excellence affiliated to the respondent University. The respondent university is directed to process the applications received by the petitioner pursuant to the interim order given by this Court and award degrees in the name of 4/8
the university in the ensuing convocation. No costs. Connected miscellaneous petitions are closed.
Sd/- Assistant Registrar (CS III) // True Copy // /07/2022 Sub Assistant Registrar(CS) skm To 1.The Vice Chancellor, Bharathidasan University, Tiruchirappalli - 620 014.
2.The Registrar, Bharathidasan University, Tiruchirappalli - 620 014.
3.The Controller of Examinations, Bharathidasan University, Tiruchirappalli - 620 014.
+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-26892[F] dated 20/06/2022 ) +1 CC to M/s.VR. SHANMUGANATHAN, Advocate ( SR-27241[F] dated 21/06/2022 ) WP(MD)No.9641 of 2022 and WMP(MD)Nos.6914 & 6916 of 2022 17.06.2022 MGJ(04.07.2022) 5P 6C 5/8