ROHAN VIRANI & ORS. versus STATE OF MAHARASHTRA & ORS. on 2 September 2019

[2019] 11 S.C.R. 1030

SUPREME COURT REPORTS

[2019] 11 S.C.R.

AROHAN VIRANI & ORS.

v.

STATE OF MAHARASHTRA & ORS.

(Civil Appeal No. 6753 of 2019)

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SEPTEMBER 02, 2019

[INDU MALHOTRA AND SANJIV KHANNA, JJ.]

Education/Educational Institutions: - Admission to PostGraduate courses of Management Institute - Grant of autonomousCstatus - On facts, grant of autonomous status to ManagementInstitute-JBIMS for period of five years, 2014-15 to 2018-19 - Asa result, 85% seats filled up from all Universities in the State ofMaharashtra on basis of merit while 15% filled up from the allIndia quota merit list - JBIMS sought extension of autonomousstatus - Meanwhile, conduct of CET for current academic year -DAdmissions done on the basis of JBIMS being a non-autonomousInstitute, 70% from Home Universities and 15% from otherUniversities - Writ petition by respondents-students from otherUniversities in the State of Maharashtra challenging admissionsmade to JBIMS - Allowed by the High Court directing that theEadmission process be re-conducted by treating JBIMS as anautonomous Institute - Appeal before this Court by students seekingadmission on the basis of JBIMS being a non-autonomous Institute- Held: Autonomous status granted to JBIMS has not been revoked,or surrendered - Application for extension is stated to be underFactive consideration - Since JBIMS had continued to fulfill theeligibility criteria for extension/renewal of the autonomous status,it is only a ministerial act which is required to be carried out bythe University to issue the Notification for grant of extension/renewal of the autonomous status - Furthermore, decision ofGJBIMS to apply for extension of its autonomous status was takenby its Board of Management well before the admissions processfor the MMS Course commenced for the academic year 2019-2020- However, there was some delay on the part of JBIMS and theUniversity, to process the Application for extension which led touncertainty regarding its continued autonomous Status - Thus, itH

is directed that for the current academic year 2019-2020,admissions would be made as per the judgment of the High Court- Issuance of direction to Directorate of Technical Education andCET-Cell to conduct the admissions process in accordance with theranking of the students as per the Merit List, by treating JBIMSas an Autonomous Department of the University - MaharashtraPublic Universities Act, 2016 - s. 122.

Disposing of the appeal, the Court

HELD: 1.1 Jamnalal Bajaj Institute of ManagementStudies-JBIMS is a Department of the University of Mumbai,and was granted autonomous status by the University itself.JBIMS is not an affiliated college, nor a constituent college ofthe University. As per the University of Mumbai and JBIMS,autonomy was conferred by the University in accordance withthe provisions of Maharashtra University Act, 1994. [Para 11.1][1047-B-F]

1.2 The UGC in its detailed written and oral submissionshas expressly stated that JBIMS being a Department of theUniversity of Mumbai, was not required to apply for autonomousstatus under the UGC 2018 Regulations. The 2018 Regulationswere applicable to Colleges/ Institutions affiliated to Universitiesin the country seeking conferment of “Autonomous CollegeStatus”. It was submitted that JBIMS is not an affiliated college,nor a constituent college, but a department of the University ofMumbai. The approval of the UGC is not required if a UniversityDepartment applies to the University, for grant of autonomousstatus under Section 122 of the Maharashtra Public UniversitiesAct, 2016. [Para 11.2] [1047-G-H; 1048-A]

1.3 JBIMS had informed the Directorate of TechnicalEducation vide letter dated 18.02.2019 that pursuant to thedecision taken in the meeting of the Board of Management heldon 15.02.2019, it was finalizing the admission procedure for theMMS course for the academic year 2019-2020. It was requestedthat JBIMS should not be included in the CET process. JBIMSinformed the Directorate of Technical Education that since it wasa Department of the University of Mumbai, it was awaiting to AB

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Areceive the extension of its autonomous status from theUniversity of Mumbai. [Para 11.3] [1048-B-C]

1.4 The autonomous status conferred on JBIMS wasgranted with effect from 11.07.2014 to 11.07.2019. It was duringthe subsistence of the autonomous status, that the DirectorateBof Technical Education and the CET-Cell on 01.07.2019, hadshown the status of JBIMS to be non-autonomous. As aconsequence, the entire seat matrix for admission to the post-graduate courses in JBIMS underwent a complete change. Asper the seat matrix published, 70% seats would now be allocatedCto the University of Mumbai, to the exclusion of all otheruniversities in the State of Maharashtra. The remaining 15% toother Universities; and the balance 15% for the All-India Quota.In the said circumstances, since the application for extensionwas under consideration, the Directorate of Technical Educationand the CET-Cell were not justified in treating JBIMS as a Non-DAutonomous Institute for the current academic year 2019-20.[Para 11.4] [1048-D-F]

1.5 The autonomous status granted to JBIMS has not beenrevoked, or surrendered. The application for extension was madeby JBIMS pursuant to the permission granted by the ViceEChancellor of the University of Mumbai. The application forextension is stated to be under active consideration. SinceJBIMS had continued to fulfill the eligibility criteria forextension/renewal of the autonomous status, it is only aministerial act which is required to be carried out by theFUniversity to issue the Notification for grant of extension/renewalof the autonomous status. [Para 11.5] [1048-G-H; 1049-A]

1.6 Even during the previous academic year i.e. 2018-19,the Directorate of Technical Education had issued a Notification,whereby it amended the Information Brochure, and allocatedG100% seats in JBIMS to the Maharashtra State quota. ThisNotification came to be challenged by a student from the AllIndia Quota in the case of Mayuri Umesh Munde v. Directorateof Technical Education & Ors. Case wherein the Bombay HighCourt held that the 100% reservation in favour of candidatesHfrom the State was illegal and impermissible. The High Court noted that during the preceding years, the State of Maharashtrahad consistently allocated 85% seats in Autonomous Institutesto candidates from all Universities in the State of Maharashtra,and 15% seats to candidates from the All India Quota. The HighCourt held that JBIMS being a premier institution, and one ofthe top management colleges in the country, was being deprivedof bright meritorious students from all over the country. Thiswas a great national loss, and would undermine the status of aninstitution of national stature. This judgment was not challengedany further, and attained finality. [Para 11.6] [1049-B-E]

Mayuri Umesh Munde v. Directorate of the TechicalEducation & Ors. [W.P. (L) No. 2342/2018 decidedon 27.07.2018 - referred to.

1.7 Section 122 of the Maharashtra Public Universities Act,2016 provides that a University Department, institution, affiliatedcollege, or recognized institution may apply to the University forgrant of autonomous status. As per sub-section (1) of Section122, the Management Council, on the recommendation of theAcademic Council, may confer the autonomous status. Section122 of the 2016 Act clearly indicate that it is the University whichis empowered to grant autonomous status to its Departments.Statute 604 of the University of Mumbai empowers theUniversity to grant autonomous status initially for a period of 5years, and then to extend it for a further period of 5 years,subject to the procedure prescribed in Statutes 598 and 600. TheApplication for extension of autonomous status has accordinglybeen made by JBIMS as a Department of the University, whichis pending consideration before the University. [Para 11.7][1049-H; 1050-A; 1051-A-C]

1.8 The decision of JBIMS to apply for extension of itsautonomous status was taken by its Board of Management on15.02.2019, well before the admissions process for the MMSCourse commenced for the academic year 2019-2020.Accordingly, the Directorate of Technical Education wasrequested not to include JBIMS in the said process. JBIMSafter some delay, had addressed a letter dated 25.05.2019 to the AB

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1034SUPREME COURT REPORTS

AVice Chancellor of the University for extension of itsautonomous status, which was followed up by letters dated27.06.2019 and 28.06.2019. There was some delay on the partof JBIMS and the University, to process the Application forextension which led to uncertainty regarding its continuedAutonomous Status. However the meritorious students who haveBsecured higher marks in the CET Examination should not bedenied admission, in view of the uncertainty which occurred. Itwould be unjust and unfair to the meritorious Respondent-Students. Admittedly, JBIMS has enjoyed autonomous status for the last 5 years, whereby Home University students and studentsCfrom the State of Maharashtra being covered by the 85% Statequota, had an equal opportunity to compete for admission. Itwould harm JBIMS as an institution of national repute, and causedisillusionment and resentment amongst the meritoriousstudents, if the admissions are not made on the basis of meritDin the CET. Thus, it is directed that for the current academicyear 2019-2020, admissions would be made as per the Judgmentof the High Court. The Directorate of Technical Education andthe CET-Cell are directed to conduct the admissions processin accordance with the ranking of the students as per the MeritEList published by CET-Cell, by treating JBIMS as anAutonomous Department of the University of Mumbai. [Para 12,13] [1051-C-H; 1052-A]

CIVIL APPELLATE JURISDICTION : Civil Appeal No. 6753of 2019.FFrom the Judgment and Order dated 25.07.2019 of the HighCourt of Judicature at Bombay in Writ Petition Stamp No. 20304 of2019.

Maninder Singh, Sr. Adv. (Amicus Curiae)GC. U. Singh, Sr. Adv., Aayush Agarwala, Pramod B. Agarwala,Satish B. Talekare, Atul Babasaheb Dakh, Navin Prakash, PrasenjitKeswani, Upmanyu Tewari, Ms. Gurnoor Kaur, Nishant R.Katneshwarkar, Apoorv Kurup, Prabhas Bajaj, Sunil Fernandes,Ms. Priyansh Indra Sharma, Ms. Nupur Kumar, Zeeshan Diwan, Advs.Hfor the appearing parties.

The Judgment of the Court was delivered by INDU MALHOTRA, J.

Leave granted.

1. The present Civil Appeal has been filed by a batch of studentsfrom University of Mumbai to challenge the Judgement and Order dated25.07.2019 passed by a division bench of the Bombay High Court inWrit Petition (ST) No. 20304 of 2019.

The issue which arises is with respect to admission to the PostGraduate courses of MBA/MMS in the Jamnalal Bajaj Institute ofManagement Studies ("JBIMS") for the current academic year 2019-2020. The contest is based on the issue whether JBIMS is to be treatedas an autonomous or non-autonomous Department of the Universityof Mumbai for the current academic year.

2. JBIMS was established in 1965 as a Department of theUniversity of Mumbai, and is one of the most prestigious and oldestinstitutions for management courses in the country.

It has consistently been ranked amongst the top 10 businessschools in India. JBIMS is well known for its distinguished andprofessional faculty members, including representatives from industryand academia.

2.1. The University of Mumbai vide letter dated 11.07.2014,granted autonomous status to JBIMS for a period of five years fromthe academic year 2014-2015 to 2018-2019.

A perusal of the letter dated 11.07.2014, shows that theAcademic Council vide Resolution dated 07.06.2014, and theManagement Council of the University of Mumbai vide Resolution dated07.06.2014, resolved to confer autonomous status on JBIMS.

The autonomous status was granted for a period of 5 years fromthe academic year 2014-15 to 2018-19.

2.2. For the academic years 2014-2015, 2015-2016, 2016-2017,and 2017-2018, admissions to the MBA and MMS Courses in JBIMSwas conducted as an Autonomous PG Department of the Universityof Mumbai.

The autonomy granted to JBIMS from 2014-2015 to 2018-2019was not challenged by any party.

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AAs a consequence, 85% seats were filled up from all universitiesin the State of Maharashtra on the basis of merit, while 15% were filledup from the all India quota merit list.

2.3. As per Section 122 (4) of the Maharashtra PublicUniversities Act, 2016, Autonomous Colleges/University DepartmentsBmay prescribe their own courses of study, evolve their own teachingmethods and conduct examinations and tests for their students, andrecommend the award of degrees, and diplomas to the University asper the procedure prescribed in the Statutes.

2.4. During the academic year 2018-2019, the Directorate ofCTechnical Education issued a Notification whereby 100% seats in JBIMSwere allocated to the students from the State of Maharashtra, andthereby wiped out the 15% all India quota in entirety. The Bombay HighCourt in Mayuri Umesh Munde v. Directorate of the TechnicalEducation & Ors. [W.P. (L) No. 2342 /2018 decided on 27.07.2018]held the 100% State quota to be illegal and impermissible.D

2.5. The JBIMS vide letter dated 18.02.2019 addressed to theDirectorate of Technical Education, Maharashtra, informed theDirectorate that JBIMS was an autonomous department of theUniversity of Mumbai. A decision was taken by the Board ofManagement on 15.02.2019, that JBIMS would process its ownEadmission program for the MMS course for the ensuing academic year2019-2020. The Directorate was requested not to include JBIMS in theCET process, and further informed that the procedure for admissionand the timelines being followed would be intimated in due course.

A separate letter dated 18.02.2019 was addressed to theFAdmission Regulatory Authority (CET-Cell) to the same effect.

2.6. The JBIMS addressed a letter dated 25.05.2019 to the ViceChancellor of the University of Mumbai, for extension of its autonomousstatus.

Further letters dated 27.06.2019 and 28.06.2019 were written toGthe Vice Chancellor for extension of autonomy for the next five-yearperiod.

2.7. For the academic year 2019-2020, a confusion occurredabout the status of JBIMS since the autonomous status granted by theUniversity of Mumbai was for a period of five years i.e. from 2014 toH2019.

2.8. The Combined Entrance Test, was conducted by the CET-Cell, Maharashtra, for the current academic year on 09/10.03.2019. Theresults were declared on 30.03.2019.

2.9. The State of Maharashtra vide G.R. dated 04.06.2019followed by the Information Brochure dated 29.06.2019, set out the seatmatrix for autonomous institutes, and non-autonomous institutes andUniversity Departments as follows :- Autonomous:85% State LevelNon-Autonomous & :70% for Home UniversityUniversity Department15% for Other Universities 2.10. On 01.07.2019, the Directorate of Technical Educationpublished information on its website showing the status of JBIMS asnon-autonomous. As a consequence, out of a total of 120 seats inJBIMS, 79 were to be allocated to the Home University i.e. Universityof Mumbai in all categories; 17 seats were to be allocated to OutsideHome Universities (OHU); and 5 seats were to be allocated to Personswith Disabilities (PWD). The balance 18 seats constituted 15% of thetotal number of seats left as the All India Quota.

2.11. JBIMS vide letter dated 09.07.2019, informed the Directorof Technical Education, Maharashtra that JBIMS is a department ofthe University of Mumbai. The University itself is an autonomous body,and can grant autonomy to its own departments. The Application forextension of autonomy had been made before the Vice Chancellor. TheVice Chancellor of the University had permitted JBIMS to apply andget the process of extension of autonomy started. The extension ofautonomy was expected to be received in due course.

2.12. On 17.07.2019 the CET-Cell, Maharashtra published theAllotment List for students, including JBIMS. In CAP Round 1,admissions were done on the basis of JBIMS being a Non-AutonomousInstitute.

2.13. The Appellants herein are students from the University ofMumbai, who secured admission in JBIMS on the basis of the SeatAllocation made in CAP Round 1.

2.14. On 18.07.2019, Writ Petition bearing No. 20304/2019 wasfiled by Respondent Nos. 7 to 15 herein, who are students from Other A

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AUniversities in the State of Maharashtra, to challenge the admissionsmade to JBIMS by treating it as a Non-Autonomous Institute.

The Writ Petitioners inter alia contended that they had securedhigher ranks on merit in the Common Entrance Test. However, theadmissions were conducted on the basis of JBIMS being a Non-BAutonomous Institute, and the Writ Petitioners were not able to secureadmission, since 70% of the seats in JBIMS were allocated to studentsfrom the Home University i.e. the University of Mumbai. Had JBIMSbeen treated as an Autonomous Institute for the current academic year,then 85% seats would have been filled up by candidates from alluniversities across the State on the basis of merit in the CommonCEntrance Test.

The Writ Petitioners inter alia prayed for a direction to therespondents to initiate and complete the process of extension of theautonomous status of JBIMS by following the procedure prescribedDunder Statutes No. 593 to 642 framed by the University of Mumbai;quash the Allotment List dated 17.07.2019; grant an interim injunctionto restrain the CET-Cell, Maharashtra from carrying on with theadmission process.

2.15. Given the urgency of the matter, a division bench of theEBombay High Court took up the matter for final hearing and passedthe impugned judgment on 25.07.2019.

It may be noted that the University Grants Commission ("UGC")was not served, and was not represented before the High Court.

The Appellants herein have raised a serious grievance that evenFthough their names were contained in the Allotment List dated17.07.2019, they were neither impleaded in the Writ Petition, nor wasnotice issued to them by the High Court.

2.16. The High Court vide Impugned Judgment and Order dated25.07.2019, allowed the Writ Petition, and directed that the admissionsGprocess be re-conducted by treating JBIMS as an Autonomous Institute.

The High Court recorded in para 42 of the impugned judgmentthat the Advocate General for Maharashtra did not dispute that theUniversity of Mumbai had the power to confer autonomous status onJBIMS. As per Section 122 of the Maharashtra Public Universities Act,H2016, a University Department or Institution, affiliated college, or recognized institution could apply to the University for grant ofautonomous status. Autonomy was not granted by the StateGovernment, but by the University.

The High Court further held that JBIMS continued to be anAutonomous Institute, since its Application for extension of autonomywas pending approval before the University. The Vice Chancellor ofthe University had permitted JBIMS to apply for extension, and get theprocess commenced. As a consequence, the status of autonomy ofJBIMS was neither surrendered, nor was it revoked.

In this backdrop, the State Government and the Directorate ofTechnical Education could not have proceeded on the premise that theautonomous status of JBIMS had automatically come to an end on11.07.2019. The presumption of the State that JBIMS is a Non-Autonomous Institute was held to be unsustainable.

The High Court further held that the status of JBIMS remainedunaltered, and that JBIMS had not lost its autonomy. In thesecircumstances, the modification brought about by the Directorate ofTechnical Education by showing the status of JBIMS as non-autonomous was set aside.

It was directed that the entire admissions process be re-conducted by treating JBIMS as an Autonomous Institute.

3. The Appellants herein are 39 students who filed the SpecialLeave Petition against the aforesaid Judgment dated 25.07.2019 seekingspecial leave to appeal, since they were not impleaded before the HighCourt. These Appellants come from the University of Mumbai, and areseeking admission on the basis of JBIMS being a non-autonomousInstitute.

On 14.08.2019, this Court issued Notice to all the Respondents,and directed that status quo be maintained in the meanwhile. Thematter was posted for final hearing on 28.08.2019.

4. The matter was taken up for final hearing on 28.08.2019. TheAppellant-Students were represented by Mr. C.U. Singh, Sr. Adv., theState of Maharashtra was represented by Mr. Prasenjit Keswani, Adv.,the Respondent-Students [original Writ Petitioners] were representedby Mr. S.B. Talekar, Adv., the University of Mumbai and JBIMS wererepresented by Mr. Sunil Fernandes, Adv., and the UGC wasrepresented by Mr. Apoorv Kurup, Adv.

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AThe Court appointed Mr. Maninder Singh, Sr. Adv. to appear asamicus curiae and assist the Court.

5. We have heard the learned counsel for all the parties, perusedthe material on record, and the written submissions filed by all theparties, including the learned amicus curiae.

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6. It was submitted inter alia on behalf of the Appellant-Studentsthat :- 6.1. The impugned judgment has been passed after the Appellantshad obtained admission. The Allotment List was published on 17.07.2019Ci.e. prior to the filing of the Writ Petition. Hence, there was nojustification for not impleading them in the Writ Petition, even thoughthey were most vitally affected by the outcome of the proceedings. Theimpugned judgment being ex parte qua them, was liable to be set asideon this ground alone.

D6.2. The impugned judgment was passed without issuing Noticeto the UGC, even though it was joined as a party respondent in theWrit Petition. Representation by the UGC was necessary to determinethe issues raised in the Writ Petition, since it is the case of the Appellantsthat concurrence of the UGC was mandatory for grant of autonomousstatus.E

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The High Court decided the case with undue haste, withoutgranting a hearing to the necessary parties i.e. the Appellant-Studentswho had already secured admission, and the UGC.

6.3. The autonomous status conferred by the University wasFinvalid, since the procedure prescribed by law had not been fulfilled.The University Statutes apply to colleges as well as universitydepartments. Statutes No. 593 to 642 passed by the Senate of theUniversity of Mumbai in its Special Meeting held on 04.12.2001 pertainto grant of autonomous status to Affiliated College/UniversityGDepartment/University Institution.

6.4. The Appellants submitted that the Statutes No. 593 to 642of the University of Mumbai for grant of autonomous status to AffiliatedCollege/Recognized Institution/University Department/UniversityInstitution, passed by the Senate on 04.12.2001, would be applicable toHJBIMS as well.

As per Statute No. 595, the College/Recognized Institution/University Department/University Institution desirous of havingautonomous status shall apply to the Registrar of the University.

The Board of College and University Department shouldconstitute a Committee to scrutinize the Applications received. TheReport of the Scrutiny Committee shall be placed before the Board forits consideration. After careful consideration of the Report, the Boardshall recommend the case of such College/Recognized Institution/University Department/University Institution to the Academic Councilfor its consideration.

As per Statute No. 597, the Academic Council, after consideringthe recommendations of the Board of College and UniversityDepartment shall constitute the Local Inquiry Committee, which wouldcomprise of a five-member committee, including one nominee of theUGC.

The Report of the Local Inquiry Committee shall be placed beforethe Academic Council for its consideration. After careful considerationof the Report, the Academic Council shall recommend the same to theManagement Council.

The Management Council shall consider the Report of the LocalInquiry Committee, and the recommendations of the Academic Council,and thereafter take its decision whether autonomous status be conferredon the applicant College/Recognized Institution/University Department/University Institution, or whether the Application be rejected.

The Statutes of the University of Mumbai require arecommendation from the State Government; the concurrence from theUGC; and publication of a Notification by the University of Mumbainotifying the conferment of autonomous status.

However, none of these requirements had been fulfilled in thepresent case. This would be apparent from the fact that JBIMS wasnot included in the Annual List of Autonomous Colleges published bythe UGC.

6.5. JBIMS was granted autonomy for a period of five academicyears from 2014-15 to 2018-19 by the University. Hence, even if it isassumed that the autonomous status of JBIMS was validly granted in2014, it was certainly not applicable for the academic year 2019-20.

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6.6. It was further submitted that there is no provision for adeemed extension of the autonomous status of an institute. Regulation7.10 of the 2018 UGC Regulations will apply only if an Application inthe prescribed format under Regulation 7.8, has been made to the UGC,at least 6 months prior to the expiry of the autonomy cycle.

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6.7. The Maharashtra Unaided Private Professional EducationalInstitutions (Regulation of Admissions to Full Time ProfessionalUndergraduate Technical Courses) Rules, 2017 were made specificallyapplicable to, and adopted for Government aided/non-aided institutionsand University Departments vide G.R. dated 25.04.2017.

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The G.R. dated 25.04.2017 prescribed the seat matrix foradmissions, which was further amended vide the G.R. dated 04.06.2019.

6.8. It was submitted that even if there was some ambiguity withregard to the definitions of "Autonomous Institutes" and "Non-Autonomous Institutes" for the applicability of this statutory regime toDJBIMS, the Information Brochure dated 29.06.2019 put all doubts torest, and conclusively answered this issue.

The Information Brochure dated 29.06.2019 is admittedly thedocument on the basis of which both the Writ Petitioners (RespondentNos. 7 to 15 herein) and the present Appellants have applied forEadmission.

The said Information Brochure sets out the manner in which theAdmissions Act, 2015 and the Rules of 2017 are to be applied. It setsout the definition of an "Autonomous Institution" as an institution towhich autonomy is granted by the UGC.

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The Writ Petitioners have neither challenged the InformationBrochure, nor the G.R. dated 25.04.2017.

6.9. It was further submitted that even if it is conceded thatJBIMS can be treated as a University Department, for which theGconcurrence of the UGC is not required, even then the seat matrixapplicable to JBIMS will remain the same, since the seat matrixapplicable to a non-autonomous institution and a university departmentis the same.

7. The stand taken by the State of Maharashtra was similar toHthat of the Appellants.

7.1. It was submitted that the concurrence of the UGC ismandatory for grant of autonomous status to an educational institution.

7.2. It was further submitted that the Directorate of TechnicalEducation vide letter dated 19.01.2019 had informed JBIMS that it isnot included in the list of autonomous colleges published by the UGC.

JBIMS was asked to furnish proof of having been grantedautonomy after the concurrence of the UGC, but JBIMS failed to doso.

7.3. It was further submitted that if the admissions process isre-conducted by treating JBIMS as an autonomous institute, then it willlead to complications in the entire admissions process throughout theState.

8. The Respondent - Students, JBIMS, and the University ofMumbai took the same stand that admissions to the current academicyear 2019-2020 ought to be carried out on the basis that JBIMS is anAutonomous Department of the University of Mumbai.

8.1. It was submitted that JBIMS is admittedly a Department ofthe University of Mumbai. Since the University of Mumbai itself isautonomous, it does not require the concurrence of the UGC for grantingautonomous status to one of its own Departments.

8.2. The source of its autonomy was on the basis of confermentby the University of Mumbai, which was granted vide letter dated11.07.2014 bearing Reference No. APD/523/169/2014. The autonomywas granted pursuant to the Resolution dated 07.06.2014 passed by theAcademic Council, and the Resolution dated 07.07.2014 passed by theManagement Council. The decision of the University of Mumbai toconfer autonomous status to JBIMS was not challenged by any party.

8.3. It was further submitted that the UGC Regulations publishedon 12.02.2018 are applicable only to Colleges and Affiliated Institutes,and have no application to University Departments, such as JBIMS.

8.4. It was further submitted that 3 other Departments of theUniversity of Mumbai viz. Physics, Chemistry, and Economics weregranted autonomous status by the University almost a decade ago. Theirautonomous status is continuing till date, and has never been questionedeither by the State Government, or the UGC.

8.5. It was further submitted that the List of AutonomousColleges published by the UGC annually, includes only Colleges, and A

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Anot University Departments. The non-inclusion of JBIMS from the saidlist has no significance.

8.6. The autonomous status of JBIMS granted on 11.07.2014 till2019, has neither been surrendered, nor revoked.

Pursuant to the permission granted by the Vice Chancellor toBapply, and get the process of autonomy started, JBIMS has submittedits Application. The Application is under active consideration of theUniversity.

9. The UGC was represented by counsel before this Court, andfiled detailed written submissions before the Court. It was submittedCthat :- 9.1. The UGC had initially made “Guidelines for AutonomousColleges during the XII[th] Plan Period (2012 - 2017)” whichin para 3 had made it clear that only “Colleges” were eligibleto apply for autonomous status.D

9.2. These guidelines were replaced by the “UGC Guidelines forAutonomous Colleges, 2017” which also were applicableonly to “Colleges”. Clause 6 of the 2017 Guidelines providesthe condition of eligibility, wherein it is stated that:

E“All Colleges (of any discipline) under Section 2(f) of theUGC Act whether aided, partially aided and unaided/self-financing are eligible to apply for autonomous status.”

9.3. The UGC promulgated the 2018 Regulations which inRegulation 1.2, state that:F

“These Regulations shall apply to all Colleges/Institutionswhich are affiliated to, or are constituent colleges ofUniversities in the country seeking the conferment ofAutonomous College Status.”

Regulation 6 states as follows :G“Colleges (of any discipline) whether aided, partially aidedand unaided/self-financing are eligible provided they areunder Section 2(f) of the UGC Act.”

Upon grant of Autonomous College Status, the concernedHinstitution would be entitled to the benefits stipulated in Regulation 3.

The term "College" which is defined in Regulation 2.4, cannotbe interpreted to include a "Department" of the Parent University, sincea "Parent University" is defined under Regulation 2.9 as follows :

“The University to which the college concerned is affiliated,or of which the college concerned is a constituent.”

A Department of the University is neither affiliated to, nor aconstituent of that University, and it is not required to apply to the UGCfor autonomous status in terms of the University's Statutes, sinceUniversities are by their very nature, autonomous/independent institutionsof higher education.

9.4. The 2018 Regulations are applicable only to Colleges to applyfor autonomous status.

9.5. The UGC expressly took the view that JBIMS is admittedlyneither an affiliated college, nor a constituent college, but a Departmentof the University of Mumbai. A Department of the University ofMumbai is not required to apply for autonomous status under the UGCRegulations.

It was further submitted that JBIMS is a Department of theUniversity of Mumbai, and is not required to apply for autonomous statusunder the UGC Regulations. For grant of autonomous status to aDepartment of the University, Section 122 of the Maharashtra PublicUniversities Act, 2016 provides that the University Department mayapply to the University for grant of autonomous status. TheManagement Council on the recommendation of the Academic Councilmay confer the autonomous status.

The Maharashtra Public Universities Act, 2016 itself makes adistinction between a "College" and a “Department”.

10. Mr. Maninder Singh, Sr. Adv., the learned amicus curiaeinter alia submitted that :- 10.1. The autonomy envisaged under Section 2(5) of theMaharashtra Public Universities Act, 2016 is completely different fromthe autonomy envisaged under the Regulations framed by the UGC.

The UGC (Conferment of Autonomous Status upon Colleges andMeasures for Maintenance of Standards in Autonomous Colleges)Regulations, 2018 (“2018 UGC Regulations”) are applicable only to A

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Acolleges, and not to Departments of the University. This would beevident from the various clauses in the 2018 UGC Regulations. ThePreamble to the Regulations states that the Regulations have beenpromulgating college autonomy. Clause 1.2. of the Regulations statesthat the Regulations shall apply to all Colleges/ Institutions which areaffiliated to, or are constituent colleges of Universities in the countryBseeking conferment of Autonomous College status.

The definition of "College" under Clause 2.4 of the 2018 UGCRegulations, when read with the definition of "Parent University" underClause 2.9, makes it abundantly clear that the 2018 UGC Regulationsapply only to affiliated or constituent colleges, and not to UniversityCDepartments.

The phrase "autonomous college" is employed in other provisionsof the 2018 UGC Regulations, such as in Clauses 2.1, 2.3, 2.6 and 2.7.The privileges granted to an autonomous college are covered by Clause3 of the Regulations. Throughout the Regulations, reference is madeDto an "autonomous college", and not to a University Department.

Clause 6 of the 2018 UGC Regulations contains the eligibilityclause, which refers only to colleges, whether aided, partially aided, orun-aided/self-financing, provided they fall under Section 2 (f) of the UGCAct.E

It was therefore, submitted that since JBIMS was not a College,nor an Institution affiliated to, nor a constituent of the University, the2018 UGC Regulations were not applicable to it.

The 2018 UGC Regulations cannot be made applicable toFUniversity Departments, since the University itself is independent/autonomous in its functioning, and therefore there is nothing that prohibitsa University from granting autonomy to one of its own Departments.

10.2. It was further submitted that the G.R. dated 04.06.2019,when it uses the word “Autonomous” would mean the status ofGautonomy granted by the University of Mumbai under the 1994 Act,and thereafter the 2016 Act.

10.3. Admission to prestigious educational institutions such asJBIMS must be granted on merit. If JBIMS is treated as a non-autonomous institute, and 70% of the seats are reserved for the HomeHUniversity, then it would vitiate the principle of supremacy of merit.

On the other hand, if JBIMS is treated as an autonomous institute,85% of the seats would be open for meritorious students from alluniversities in the State of Maharashtra.

11. We have carefully perused the written submissions made byall the parties, and heard the oral submissions made by their respectivecounsel, including the learned amicus curiae.

11.1. The admitted position is that JBIMS is a Department ofthe University of Mumbai, and was granted autonomous status by theUniversity itself. JBIMS is not an affiliated college, nor a constituentcollege of the University.

This position has been accepted by all parties, including the State.In para 23 of the impugned judgment, the High Court has recorded thesubmission of the Advocate General for the State of Maharashtra aboutthe status of JBIMS as follows :- “23….Then, Mr. Kumbhakoni was at pains to tell us aboutthe status of JBIMS. He would submit that we must not forgetthat JBIMS is a department of University. The University hasappointed the staff and the University has sanctioned thebudget of JBIMS. It is not an affiliated college, but a collegeconducted by the University. It is not even a constituentcollege. Mr. Kumbhakoni would submit that the autonomy inthis case is not granted by the UGC, but by the Universityof Mumbai….”

(emphasis supplied)

As per the University of Mumbai and JBIMS, autonomy wasconferred by the University in accordance with the provisions ofMaharashtra University Act, 1994.

11.2. The UGC in its detailed written and oral submissions hasexpressly stated that JBIMS being a Department of the University ofMumbai, was not required to apply for autonomous status under theUGC 2018 Regulations. The 2018 Regulations were applicable toColleges/ Institutions affiliated to Universities in the country seekingconferment of “Autonomous College Status”.

It was submitted that JBIMS is not an affiliated college, nor aconstituent college, but a department of the University of Mumbai. The A

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Aapproval of the UGC is not required if a University Department appliesto the University, for grant of autonomous status under Section 122 ofthe Maharashtra Public Universities Act, 2016.

11.3. JBIMS had informed the Directorate of Technical Educationvide letter dated 18.02.2019 that pursuant to the decision taken in theBmeeting of the Board of Management held on 15.02.2019, it wasfinalizing the admission procedure for the MMS course for the academicyear 2019-2020. It was requested that JBIMS should not be includedin the CET process.

JBIMS informed the Directorate of Technical Education that sinceCit was a Department of the University of Mumbai, it was awaiting toreceive the extension of its autonomous status from the University ofMumbai.

11.4. The autonomous status conferred on JBIMS was grantedDwith effect from 11.07.2014 to 11.07.2019. It was during the subsistenceof the autonomous status, that the Directorate of Technical Educationand the CET-Cell on 01.07.2019, had shown the status of JBIMS tobe non-autonomous.

As a consequence, the entire seat matrix for admission to theEpost-graduate courses in JBIMS underwent a complete change. As perthe seat matrix published, 70% seats would now be allocated to theUniversity of Mumbai, to the exclusion of all other universities in theState of Maharashtra. The remaining 15% to other Universities; andthe balance 15% for the All-India Quota.F

In the aforesaid circumstances, since the application for extensionwas under consideration, the Directorate of Technical Education andthe CET-Cell were not justified in treating JBIMS as a Non-Autonomous Institute for the current academic year 2019-20.

G11.5. It is the admitted position that the autonomous status grantedto JBIMS has not been revoked, or surrendered.

The application for extension was made by JBIMS pursuant tothe permission granted by the Vice Chancellor of the University ofMumbai. The application for extension is stated to be under activeHconsideration.

Since JBIMS had continued to fulfill the eligibility criteria forextension/renewal of the autonomous status, it is only a ministerial actwhich is required to be carried out by the University to issue theNotification for grant of extension/renewal of the autonomous status.

11.6. It is relevant to note that even during the previous academicyear i.e. 2018-19, the Directorate of Technical Education had issued aNotification, whereby it amended the Information Brochure, andallocated 100% seats in JBIMS to the Maharashtra State quota.

This Notification came to be challenged by a student from theAll India Quota in the case of Mayuri Umesh Munde v. Directorateof Technical Education & Ors. (supra), wherein the Bombay HighCourt held that the 100% reservation in favour of candidates from theState was illegal and impermissible. The High Court noted that duringthe preceding years, the State of Maharashtra had consistently allocated85% seats in Autonomous Institutes to candidates from all Universitiesin the State of Maharashtra, and 15% seats to candidates from the AllIndia Quota.

The High Court held that JBIMS being a premier institution, andone of the top management colleges in the country, was being deprivedof bright meritorious students from all over the country. This was a greatnational loss, and would undermine the status of an institution of nationalstature.

This judgment was not challenged any further, and attainedfinality.

11.7. A perusal of the provisions of the Maharashtra PublicUniversities Act, 2016 provide the procedure for grant of autonomousstatus to departments of a University.

Section 2(5) of the Maharashtra Public Universities Act, 2016defines "autonomy" as follows :- “2. (5) "autonomy" means a privilege of the universityconferred by the Statutes to permit a college, institution ora university department to conduct academic programmesand examinations, develop syllabus for the respectivesubjects and issue certificates of passing the examinations;”

Section 122 of this Act provides that a University Department,institution, affiliated college, or recognized institution may apply to the A

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AUniversity for grant of autonomous status. As per sub-section (1) ofSection 122, the Management Council, on the recommendation of theAcademic Council, may confer the autonomous status.

Section 122 reads as follows: -

“122. (1) A university department or institution, affiliatedcollege or recognized institution may apply to the universityfor grant of autonomous status. The Management Councilon the recommendation of the Academic Council may conferthe autonomous status.

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(2) Autonomous university departmentor institution oraffiliated college or recognized institution shall function withthe objectives of promoting academic freedom andscholarship on the part of teachers and students which areessential to the fostering and development of an intellectualclimate conducive to the pursuit of scholarship andexcellence.

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(3) The autonomous university department or institution oraffiliated college or recognized institution, may constitute itsauthorities or bodies and exercise the powers and performthe functions and carry out the administrative, academic andother activities of the university, as may be prescribed by theStatutes.

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(4) The autonomous university departmentor institution oraffiliated college or recognized institution may prescribe itsown courses of study, evolve its own teaching methods andhold examinations and tests for students receiving instructionin it, and recommend the university for award degrees,diplomas or certificates, after following the procedure asprescribed in the Statutes.The autonomous universitydepartment or institution or affiliated college or recognizedinstitution shall have full academic and administrativeautonomy subject to the provisions of this Act and Statutesand the guidelines issued by the University GrantCommission, from time to time.”

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The aforesaid provisions of the 2016 Act clearly indicate that itis the University which is empowered to grant autonomous status toits Departments.

Statute 604 of the University of Mumbai empowers theUniversity to grant autonomous status initially for a period of 5 years,and then to extend it for a further period of 5 years, subject to theprocedure prescribed in Statutes 598 and 600.

The Application for extension of autonomous status hasaccordingly been made by JBIMS as a Department of the University,which is pending consideration before the University.

12. The decision of JBIMS to apply for extension of itsautonomous status was taken by its Board of Management on15.02.2019, well before the admissions process for the MMS Coursecommenced for the academic year 2019-2020. Accordingly, theDirectorate of Technical Education was requested not to include JBIMSin the said process. JBIMS after some delay, had addressed a letterdated 25.05.2019 to the Vice Chancellor of the University for extensionof its autonomous status, which was followed up by letters dated27.06.2019 and 28.06.2019. We observe that there was some delay onthe part of JBIMS and the University, to process the Application forextension which led to uncertainty regarding its continued AutonomousStatus.

We however feel that meritorious students who have securedhigher marks in the CET Examination should not be denied admission,in view of the uncertainty which occurred. In our opinion, it would beunjust and unfair to the meritorious Respondent-Students. Admittedly,JBIMS has enjoyed autonomous status for the last 5 years, wherebyHome University students and students from the State of Maharashtrabeing covered by the 85% State quota, had an equal opportunity tocompete for admission. It would harm JBIMS as an institution ofnational repute, and cause disillusionment and resentment amongst themeritorious students, if the admissions are not made on the basis ofmerit in the CET. Accordingly, we direct that for the current academicyear 2019-2020, admissions would be made as per the Judgment of theHigh Court.

13. The Directorate of Technical Education and the CET-Cell arehereby directed to conduct the admissions process in accordance with AB

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Athe ranking of the students as per the Merit List published by CET-Cell, by treating JBIMS as an Autonomous Department of the Universityof Mumbai.

It is therefore directed that the online admissions process becarried out within a period of 2 weeks from the date of the presentBOrder. The candidates may be granted 1 week thereafter to takeadmission in the respective colleges thereafter.

14. Keeping in view the various issues which have arisen forconsideration, and since the Writ Petition was decided without callingfor counter affidavits, we deem it appropriate to remit the matter toCthe High Court for determination of the issues of law pertaining toapplicability of the 2016 Act, and the 2018 UGC Regulations. Since theseissues were not specifically raised before the High Court, and the UGCwas not represented, it would be appropriate for the High Court toconsider these issues.

DWe clarify that we have not expressed any opinion on the meritsof the matter. The findings rendered by us are of a prima facie nature,in order to ensure that the admissions process for the current academicyear 2019-2020 does not get stalled any further.

15. We extend our gratitude to Mr. Maninder Singh, Sr. Adv. whoEvery ably assisted this Court as amicus curiae on short notice.

The Civil Appeal is accordingly disposed of.

All pending Applications, if any, are accordingly disposed of.Ordered accordingly.

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Nidhi Jain

Appeal disposed of

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