Pondicherry University And ORS. v. The Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] ...

MA/9/2022 IA No.CAN/1/2022, IA No.CAN/2/2022 IA No.CAN/6/2022, IA No.CAN/8/2022 IA No.CAN/9/2022, IA No.CAN/10/2022, IA No.CAN/13/2023 Pondicherry University and others vs.

The Andaman and Nicobar Administration and others Mr. Rajinder Singh Mr. Terence D'Cruz ... for the appellants Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the Administration Mr. Tulsi Lall ... for the Union of India With WPA(P)/4/2022 P.Jageshwari and others Vs.

The Vice Chancellor and others Mr. Rajinder Singh Mr. Terence D'Cruz ... for the respondents Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the Administration Mr. Gopala Binnu Kumar ... Amicus Curie Mr. Tulsi Lall ... for the Union of India March 19, 2024 [SR] Item Nos.7 & 8 Heard Shri Rajinder Singh, leaned counsel for appellants/respondents, Shri Gopala Binnu Kumar, learned Amicus Curie, Shri Tulsi Lall, learned counsel for the respondent nos.4 and 5, Shri S.Samanta, learned counsel or the respondent no.3 and Shri Shatadru Chakraborty, learned counsel for the respondent nos.1 and 2.

This appeal has been filed praying to set aside the judgment and order dated 06.04.2022 in WPA/61/2020 ( The Andaman and Nicobar Administration and others vs. The Pondicherry University

and others) passed by the learned Single Judge. The concluding portion of the aforesaid impugned judgment is reproduced below:- "12. In view of the above and after taking into consideration the careers of the students already admitted, this Court finds it appropriate to pass the following directions - (a) The impugned letters dated 19.07.2019 and 07.11.2019 and all consequential steps taken that are contrary to the present directions are set aside.

(b) The respondent University shall be at liberty to issue communications afresh upon the DBRAIT asking it to rectify the purported deficiencies or to comply with the norms and conditions that the University applies to other similar institutes and give a reasonable opportunity to it to comply with the same. This may be followed by necessary inspections. All these will be strictly in terms of the applicable laws.

(c) DBRAIT shall make all endeavours to comply with the reasonable norms set by the Pondicherry University if it wishes to retain its affiliation, provisional or otherwise, beyond the academic session 2021-22, however 10 subject to the approval of the AICTE, if applicable, and as per the scheme of the relevant statutes.

(d) In the meantime, the provisional affiliation shall continue at least till the academic session of 202122, as per the interim order passed earlier. (e) The students who were granted admission till such session (2021-22) including lateral entry students shall be permitted to sit for necessary examinations and to complete their courses under such provisional affiliation.

Learned counsels for the respondents jointly place before us a notification dated 08.03.2024 issued by the Government of India, Ministry of Education, Department of Higher Education, ICR Division, New Delhi, which is reproduced below:- "[TO BE PUBLISHED IN THE GAZETTE OF INDIA PART-I SECTOIN -1] Government of India (Bharat Sarkar) Ministry of Education (Siksha Mantralaya) Department of Higher Education (Uchchatar Siksha Vibhag) ICR Division Shastri Bhawan, New Delhi

Dated: 8th March, 2024 NOTIFICATION No.9-1/2023-U.3(A):

Whereas, Central Government is empowered under Section 3 of the University Grants Commission (UGC) Act, 1956 to declare, on the advice of the UGC, an Institution of higher education as an Institution Deemed to be University.

2.

And whereas, an online application was received on the UGC Portal for conferment of Institution deemed to be University status under de-novo category to Netaji Subhash Chandra Bose Institute of Higher Learning, Port Blair (UT of A&N Island) consisting of the following seven Institutions/colleges under Section 3 of the UGC Act, 1956:

i.

Jawaharlal Nehru Rajkeeya Mahavidyalaya;

ii.

Tagore Government B.Ed College;

iii.

Dr. B.R. Ambedkar Institute of Technology;

iv.

Mahatma Gandhi Government College;

v.

Andaman and Nicobar College;

vi.

Medical College ANIIMS; and vii.

Andaman Law College.

3.

And whereas, UGC examined the application through its Expert Committee in accordance with UGC Regulations, 2019. The Committee, after overall assessment, recommended that Letter of Intent (LoI) may be issued to Netaji Subhash Chandra Bose Institute of Higher Learning, Port Blair with certain conditions. The recommendation of the UGC Expert Committee was considered and approved by the Commission in its 565th meeting (item No. 2.02) held on 20.01.2023.

4.

And whereas, the Ministry of Education, on the advice of UGC, issued Letter to Intent (LoI) 21.03.2023 to Andaman & Nicobar Administration for fulfillment of the following conditions before starting of an Institution deemed to be University (under denovo category) in the name of Netaji Subhash Chandra Bose Institute of Higher Learning, Port Blair (UT of A&N Islands) consisting of above mentioned seven Institutions/colleges: i.

A separate & exclusive not for profit Society/Trust/Company shall be created in the name of proposed Deemed to be University. Details of sponsoring body, along with the details of key academic and administrative personnel are to be provided.

ii.

An undertaking to the effect that it shall abide by all provisions of UGC [Institutions Deemed to be Universities] Regulations, 2019, as amended from time to time. iii.

A letter of commitment from the respective Government to continue financial support to the institution even after declaration as an institution Deemed to be University.

iv.

The entire movable and immovable assets earmarked for the proposed Deemed to be University shall be legally transferred to the newly created not for profit Society/Trust/Company. v.

The sponsoring body shall obtain no objection certificate from affiliating University( ies) under which Institutions/colleges proposed to be brought under the ambit of proposed Deemed to be University, are functioning. vi.

The Sponsoring body shall prepare detailed syallbi for the programmes in the emerging areas with credit structure, duration etc.

in alignment with National Credit Framework/Curriculum and Credit Framework for Undergraduate Programmes, to be offered at its main campus and six constituent units;

vii.

The sponsoring body shall submit NoC from National Medical Council and Bar Council of India.

viii.

The Sponsoring body shall recruit faculty with the requisite qualifications at the main campus and constituent units; ix.

The sponsoring body shall create necessary infrastructure at the proposed main campus and constituent units; x.

The sponsoring body shall revise DPR, Strategic Vision Plan, and Rolling implementation plan accordingly.

5. And further whereas, the Institution, vide letter 22.05.2023, submitted compliance report in respect of the conditions of LoI. The compliance report of the Institution was verified by the UGC Expert Committee. The Committee accepted the compliance report of the Institution. The report of the UGC Expert Committee was considered and approved by the Commission in its 577th meeting (Item No. 2.06) held on 13.02.2024.

6. Now, therefore, in exercise of powers conferred under Section 3 of the UGC Act, 1956, the Ministry of Education, on the advice of the UGC, hereby declares Netaji Subhash Chandra Bose Institute of Higher Learning, Port Blair as an Institution Deemed to be University under de-novo category for an initial period of five years. The said declaration is subject to the following conditions:

i.

The status of Institution deemed to be University status would be confirmed on the basis of its review of the functioning and satisfactory performance with provisions of the UGC Regulations.

ii.

Netaji Subhash Chandra Bose Institute of Higher Learning, Port Blair shall become compliant with the UGC (Institutions deemed to be Universities) Regulations, 2023 within a period of six years from the date of issuance of this Notification.

iii.

The entire movable & immovable assets shall be in the name of Netaji Subhash Chandra Bose Institute of Higher Learning, Port Blair.

iv.

There shall be no diversion of assets or funds/revenues of the Institution Deemed to be University/ or of its constituent teaching units, without prior permission of the UGC and Ministry of Education.

v.

Netaji Subhash Chandra Bose Institute of Higher Learning, Port Blair shall not engage or indulge in any activities that are of commercial and profit making in nature.

vi.

The academic programmes to be offered at Netaji Subhash Chandra Bose Institute of Higher Learning, Port Blair shall conform to the norms and standards prescribed by the UGC and the Statutory Councils/ Bodies concerned.

vii.

Netaji Subhash Chandra Bose Institute of Higher Learning, Port Blair shall take all the required steps to get all the eligible academic courses/programmes rated for valid accreditation by National Board of Accreditation (NBA) and the Institute to get valid accreditation by National Assessment and Accreditation Council (NAAC), as the case may be, in terms of the provisions as contained in the UGC (Institutions Deemed to be Universities) Regulations, 2023, as amended from time to time.

viii.

All the prescribed norms and procedures of the Statutory Councils concerned in the matter of admission of students, intake capacity of students, renewal of approval to the academic course/ programme, revision of intake capacity of students, starting of new courses/ programmes, etc. shall continue to be in force, and shall be adhered to by Netaji Subhash Chandra Bose Institute of Higher Learning, Port Blair.

ix.

Netaji Subhash Chandra Bose Institute of Higher Learning, Port Blair shall submit its revised Memorandum of Association (MoA) / Rules to UGC/Ministry of Education as per the provisions of the UGC (Institution deemed to be Universities) Regulations, 2023 by June, 2024. As and when necessary, the Institute shall update or revise or modify its MoA/ Rules, as per the provisions of the prevailing Regulations. x.

Netaji Subhash Chandra Bose Institute of Higher Learning, Port Blair shall follow the fee structure as per the Rules and Regulations of the UGC and relevant Statutory Councils.

xi.

Netaji Subhash Chandra Bose Institute of Higher Learning, Port Blair shall participate in annual Indian rankings issued by National Institutional Ranking Framework (NIRF) of this Ministry.

xii.

Netaji Subhash Chandra Bose Institute of Higher Learning, Port Blair shall compulsorily create Academic Bank of Credits (ABC), identities of their students and

upload their credit score in digital lockers and ensure that the credit scores are reflected in ABC Portal and adopt Samarth e-Gov.

Sd/- (Neeta Prasad) Joint Secretary to the Govt. of India) Tel: +91 11 23071486"

On the strength of the afore-quoted notification, learned Amicus Curie and learned counsel for the respondents jointly submit that the interest of the students, who took admission till the academic session 2021-2022 may be protected in terms of the clause (d) and (e) of the paragraph 12 of the impugned judgment of the learned Single Judge so that those students, who took admission till academic session 2021-2022 and have yet to complete their degree courses, may be awarded degree by the appellant university, after conducting their examination in respect of the said academic year. They further jointly submit that for taking new admission, respondent no.3, i.e., Dr. B.R.

Ambedkar Institute of Technology, Port Blair shall not require any affiliation from the appellant university inasmuch as after issuance of the afore-quoted notification, it becomes a constituent college of Netaji Subhash Chandra Bose Institute of Higher Learning, Port Blair. Learned counsel for the appellant states that he has no objection to the aforesaid submissions of the learned Amicus Curie and learned counsel for the respondents except that the students who were admitted till academic session of 2021-2022 and are yet to pass final year course be awarded degree by the Netaji Subhash Chandra Bose Institute of Higher Learning, Port Blair, which has been created as a Deemed University by the aforesaid notification dated 08.03.2024.

We do not find any substance in the submissions advanced by learned counsel for the appellant insofar as it relates to conducting examination and grant of degree to the students who took admission till academic session of 2021-2022 and are yet to complete their final year.

Considering the entire facts and circumstances of the case, to relieve all the parties concerned from their further litigation and keeping in view the future of the students who took admission till academic session 2021-2022 and to meet the ends of justice, we dispose of this appeal with the following directions:- (i) We affirm the directions given by the learned Single Judge in clause (d) and (e) of paragraph 12 of the impugned judgment dated 06.04.2022 in WPA/61/2020.

(ii) The appellant shall not be required to grant any affiliation to respondent no.3 for admission of students at respondent no.3 institution after academic session 20212022 since the respondent no.3 institution is stated to have become a constituent college of the Deemed University (Netaji Subhash Chandra Bose Institute of Higher Learning, Port Blair ( UT of A & N Island) under the afore-quoted notification dated 08.03.2024 issued by the Govt. of India, Ministry of Education, Department of Higher Education, ICR Division, New Delhi.

(iii) The students who were admitted till the academic session 2021-22 in the respondent No.3 institution under affiliation of the Appellant University, shall be issued degree by the

Appellant on successful completion of their courses on examination to be held by the Appellant.

With the aforesaid directions, the appeal is disposed of. All pending applications, if any, are disposed of. WPA(P)/4/2022 In view of the order passed today by us in MA/9/2022 (The Pondicherry University and others vs. The Andaman and Nicobar Administration and others), no further order is required to be passed in this writ petition.

Accordingly, the writ petition is disposed of in terms of our order passed today in the aforesaid MA/9/2022. (Surya Prakash Kesarwani, J.) (Kausik Chanda, J.)