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2024 DIGILAW 587 (AP)

Joseph Sriharsha And Mary Indraja Educational Society v. Union Of India

2024-05-10

V.SUJATHA

body2024
ORDER : This Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue an appropriate Writ, Order or direction more in the nature of mandamus declaring the action of the Respondent No.3-JNTU Kakinada in not supplying/issuing copies of the Affiliation Letter/Notification for the Academic Years 2017-18 to 2023-24 as regards both Petitioner No.2 and 3 colleges the Revised Proforma Application with updated list of courses as regards Petitioners No.2 AND 3 colleges for grant of Section 2) AND 128 status by UGC under Section 2 AND 128 of the UGC Act and the Certificate of Validity of Affiliation for the current Academic Year 2023-24 for both Petitioner No.2 and 3 colleges and not considering our representations dated 06.11.2023, 26.12.2023, 04.01.2024, 30.01.2024, 02.02.2024, 17.02.2024 to that effect as being illegal, arbitrary and violative of Articles 14, 19(1)(g) and 21 of the Constitution of India and consequently direct the 3rd Respondent to issue/supply the above said documents to the Petitioners herein expeditiously and further consequently direct the 2nd Respondent UGC to process the Applications of Petitioners No 2 and 3 colleges as regards Recognition/Status under Section 2f AND 12B of the UGC Act 1956 and pass....” 2. The 1st petitioner herein is a society established under the provisions of A.P. Societies Registration Act, with registration No.6624 of 1996. The 1st petitioner society has established the 2nd and 3rd petitioner institutions for imparting training in various technical courses, with required approvals for imparting technical, professional and pharmaceutical education from the statutory bodies. As per law, for the 2nd and 3rd petitioners to get autonomous status from the 2nd respondent UGC, they are required to get autonomous status as under Section 2(f) and 12B of The University Grants Commission Act, 1956, for which the colleges have to apply to the UGC in a specific proforma, which has to be signed by the Principal of the College and as well as the Registrar of the 3rd respondent university, and are also required to submit certain specified documents including a copy of Affiliation Notification for the concerned academic year. 3. While the 2nd and 3rd petitioners were offering certain courses with the approval of AICTE and other concerned regulatory bodies, the petitioners have also sought approval from AICTE for adding certain new courses vide application dated 20.04.2023. 3. While the 2nd and 3rd petitioners were offering certain courses with the approval of AICTE and other concerned regulatory bodies, the petitioners have also sought approval from AICTE for adding certain new courses vide application dated 20.04.2023. Thereafter, the 2nd and 3rd petitioner colleges, vide application dated 06.05.2023, have requested the 3rd respondent to issue the proforma for applying to the 2nd respondent herein for recognition of colleges under Section 2(f) and 12(B) of the UGC act, only with regard to the courses which were already being offered by them as on the date of application i.e. 06.05.2023, without including the new courses for which approval was sought. In pursuance of the aforesaid application, the 3rd respondent has issued proforma to the 2nd and 3rd petitioners on 11.05.2023 with the signatures of the Registrar, JNTU, Kakinada, as required under law. 4. Subsequently, on 10.06.2023, AICTE has issued ‘Grant of Approval’ for adding certain new courses by reducing intake in few existing courses for the academic year 2023-2024. As few courses were added and the intake of students for the existing courses in the 2nd and 3rd petitioner colleges got reduced, the previous proforma dated 11.05.2023 issued by the 3rd respondent would become irrelevant; as such, the petitioner Nos.2 and 3 need to seek for a revised proforma with updated/fresh list of courses duly signed by the Registrar of the 3rd respondent university. In pursuance of which the 2nd respondent vide letter dated 19.12.2023 directed the petitioner colleges herein to submit certain documents which include proforma application as per the Specimen and Temporary Affiliation Notification for the Academic Year 2023-24. As required, the petitioner colleges herein made representations dated 13.12.2023 and 26.12.2023 to the 3rd respondent herein for supplying revised proforma and the temporary affiliation notification for the academic year 2023-2024. 5. Thereafter, the 3rd respondent has refused to provide the same vide Lr.No.JNTUK/DAA/payment of dues to university/2023, dated 09.10.2023, duly determining that the 2nd petitioner is due of Rs.1,72,98,096/- and the 3rd petitioner is due of Rs.1,02,02,551/- towards common service fee. Challenging the same, the petitioners have filed W.P.No.32863 of 2023 before this Court, wherein this Court has passed the following order on 29.01.2024: “13. Challenging the same, the petitioners have filed W.P.No.32863 of 2023 before this Court, wherein this Court has passed the following order on 29.01.2024: “13. In that view of the matter and submissions made by the learned counsels, the 2nd and 3rd petitioners are permitted to approach the 2nd respondent university within a period of two (02) weeks from the date of receipt of this order with all the necessary documents and in order to verify the due amounts if any under the head of Common Services Fee for the earlier academic years and on production of the said documents, the university shall apply its mind and shall verify the same and a final assessment shall be made by the university and accordingly if the amount is due under the above heads, demand can be made by the university to the 2nd and 3rd petitioners herein, by giving an opportunity of personal hearing before raising such demand and reasonable time shall be given to clear the said demand amount if any due as per law without reference to the impugned circulars of demand in this Writ Petition for which a fresh exercise has to be made by the respondent University. 14. Accordingly, the Writ Petition is disposed of. The whole exercise as stated above from the date of submission of the documents and representation by the 2nd and 3rd petitioners herein till the final demand made if any shall be completed within a period of eight (08) weeks thereafter. There shall be no order as to costs.” 6. In pursuance to the aforesaid orders passed by this Court, the petitioners duly enclosing all the requisite documents including financial documents, profit and loss account, balance sheet and depreciation statement from 01.04.2021 to 31.03.2023, approached the 3rd respondent on 03.02.2024. The grievance of the petitioners is that though they have submitted all the requisite documents as directed by this Court vide its orders dated 29.01.2024, by approaching the authorities of the university on 03.02.2024, the Registrar of the 3rd respondent university has addressed a letter dated 13.02.2024 to the petitioners stating that the petitioner colleges have not approached the University with all the necessary documents for verification of the due amounts and further requested the petitioner colleges to approach the university immediately with all the necessary documents in order to verify the due amount that are to be paid to the university. The contention of the petitioners is that though they have personally approached the authorities of the university on 03.02.2024, submitting requisite financial documents and have also obtained acknowledgement from the office of the Registrar, the 3rd respondent university is neither completing fresh assessment nor issuing the requisite copies of affiliation documents and proforma application. Though the Government has issued various G.Os for fixation of fees towards university common services, none of them stipulates that the University would not issue copies of affiliation documents or other proforma applications, in case of default/dispute with regard to the said fees by any college. Hence, the present writ petition is filed. 7. The 3rd respondent has filed a detailed counter affidavit denying the contentions raised by the petitioners and has further stated that in pursuance of the orders dated 29.01.2024 passed by this Court in W.P.No.32863 of 2023, the petitioners have physically approached the University on 03.02.2024, but have submitted only the financial statements, profit and loss account, balance sheet and depreciation sheet instead of submitting the required documents for verifying the University Common Service dues against that of the details of the dues available with the University. It is further stated that in the absence of production of the required records by the petitioners, the respondent university could not be in a position to comply with the directions of this Court. 8. The counter affidavit further states that the University is ready to issue the copies of the affiliation letter/notification for the academic year 2017-18 to 2023-24, the revised proforma application with updated list of courses for grant of Section 2(f) and 12B status by UGC under Section 2(f) and 12B of the UGC, to the petitioner Nos.2 and 3, if the petitioner colleges comply with the payment of minimum percentage of the fees that is due. 9. In response to the counter affidavit filed by the respondent No.3, the petitioners have filed a reply affidavit, reiterating their contentions as stated in the writ petition, but, however, have specifically contended that the respondent No.3 failed to show any law which links the aspect of issuance of copies of affiliation letters and proforma application with the aspect of University Common Services Fees. It is further stated that though the petitioner colleges are affiliated for all these years pursuant to which courses were also offered by successfully admitting students, the respondents are denying to issue copies of affiliation letters of the previous and current academic years, which is illegal and arbitrary. Once the respondent university has granted affiliation for the subject academic years, there is no law which entitles it to deny issuing copies of affiliation letters. The entire process of consideration of autonomous status by UGC as per Section 2(f) and 12B, takes considerable time and the action of the respondent No.3 is causing severe prejudice to the petitioner colleges herein as they are losing admissions. While concluding, the petitioners have requested this Court to direct the 3rd respondent university to expeditiously issue the requested documents, as there is no law linking issuance of application proforma and copies of affiliation letters with that of the university common service fees. 10. Heard learned counsel for the petitioner, Sri. J.V.K. Yagnadutt, learned Central Government Counsel, Sri. Pasala Ponna Rao, learned Standing Counsel for respondent No.2, Sri. I Madhu Babu, learned Standing Counsel for respondent No.3. 11. For better understanding of the case, this Court feels it appropriate to extract 2(f) and 12B of The University Grants Commission Act, 1956, as under: “2. Definitions:- (f) “University” means a University established or incorporated by or under a Central Act, a Provincial Act or a State Act, and includes any such institution as may, in consultation with the University concerned, be recognized by the Commission in accordance with the regulations made in this behalf under this Act. 12B. Prohibition regarding giving of any grant to a University not declared by the Commission fit to receive such grant.—No grant shall be given by the Central Government, the Commission, or any other organization receiving any funds from the Central Government, to a University which is established after the commencement of the University Grants Commission (Amendment) Act, 1972 (33 of 1972), unless the Commission has, after satisfying itself as to such matters as may be prescribed, declared such University to be fit for receiving such grant.]” 12. On a perusal of the material paper available on record, it can be seen that in pursuance of the issuance of Grant of Approval by AICTE on 10.06.2023, the petitioner colleges were permitted to add certain new courses by reducing intake in few existing courses for the academic year 2023-2024. As such, the previous proforma dated 11.05.2023 issued by the 3rd respondent would not be relevant and the petitioners were directed by the 2nd respondent on 19.12.2023 to submit certain documents that include revised proforma application as per the Specimen and Temporary Affiliation Notification for the academic year 2023.2024. When the petitioner colleges have approached the 3rd respondent requesting for issuance of the aforesaid documents, the 3rd respondent has refused to provide the same vide letter dated 09.10.2023 duly determining the fee that is due to be paid by the petitioner colleges. Subsequently, the petitioners have filed W.P.No.32863 of 2023 before this Court, challenging the refusal of the 3rd respondent. 13. On a perusal of the order passed by this Court in W.P.No.32863 of 2023, it can be understood that the petitioner Nos.2 and 3 were permitted to approach the 2nd respondent university within a period of two (2) weeks, with necessary document in order to verify the due amounts, if any, under the head of Common Services Fee for the earlier academic years and on production of the said documents, the university was directed to verify the same and to make final assessment. It can further be understood that if the amount is due under the head of Common Services Fee, the university, after giving an opportunity of personal hearing, can raise such demand by providing reasonable to clear the said amount, if any, as per law, without reference to the impugned circulars of demand in the earlier writ petition. 14. The main grievance of the petitioner in the present case is that, in pursuance of the orders passed by this Court in W.P.No.32863 of 2023, the petitioner colleges have approached the respondent authorities with all the requisite documents for verification of the due amount, but, in spite of the same, the respondent university has not passed any final assessment order nor has issued any show cause notice with regard to the final assessment. It can also be seen from the counter affidavit that the University is ready to issue the copies of the affiliation letter/notification for the academic year 2017-18 to 2023-24, the revised proforma application with updated list of courses for grant of autonomous status under Section 2(f) and 12B of the UGC Act, to the petitioner Nos.2 and 3, if the petitioner colleges comply with the payment of minimum percentage of the fees that is due. 15. In view of the above, the petitioner Nos.2 and 3 herein are directed to approach the 3rd respondent university with all the necessary documents that are required for verification of the due amounts that are to be paid under Common Services Fee. On receipt of the said documents from the petitioners, the respondent university shall verify and make a final assessment. Upon such final assessment, if it is found that the amount is due under the Common Services Fee, the respondent university, after giving an opportunity of personal hearing to the petitioners, can demand the petitioners to pay minimum percentage of the fees that is due by providing a reasonable time for clearing such demanded amount. Upon receiving such payment from the petitioners, it is for the respondent university to issue the copies of the affiliation letter/notification for the academic years as sought by the petitioners and also the revised proforma application with updated list of courses for grant of autonomous status under Section 2(f) and 12B of the University Grants Commission Act, 1956. The said process shall be completed within a period of four (04) weeks from the date of receipt of a copy of this order. 16. Accordingly, with the above direction, this writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, in the Writ Petitions, shall stand closed.