Full Judgment Text
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 6753 OF 2019
(Arising out of SLP (Civil) No. 19807/2019)
Rohan Virani & Ors. …Appellants
versus
State of Maharashtra & Ors. …Respondents
J U D G M E N T
INDU MALHOTRA, J.
Leave granted.
1. The present Civil Appeal has been filed by a batch of
students from University of Mumbai to challenge the
Judgement and Order dated 25.07.2019 passed by a division
1
bench of the Bombay High Court in Writ Petition (ST) No.
20304 of 2019.
The issue which arises is with respect to admission to the
Post Graduate courses of MBA/MMS in the Jamnalal Bajaj
Institute of Management Studies (“ JBIMS ”) for the current
academic year 20192020. The contest is based on the issue
whether JBIMS is to be treated as an autonomous or non
autonomous Department of the University of Mumbai for the
current academic year.
2. JBIMS was established in 1965 as a Department of the
University of Mumbai, and is one of the most prestigious and
oldest institutions for management courses in the country.
It has consistently been ranked amongst the top 10
business schools in India. JBIMS is well known for its
distinguished and professional faculty members, including
representatives from industry and academia.
2.1. The University of Mumbai vide letter dated 11.07.2014,
granted autonomous status to JBIMS for a period of
five years from the academic year 20142015 to 2018
2019.
A perusal of the letter dated 11.07.2014, shows that
the Academic Council vide Resolution dated
07.06.2014, and the Management Council of the
University of Mumbai vide Resolution dated
2
07.06.2014, resolved to confer autonomous status on
JBIMS.
The autonomous status was granted for a period of 5
years from the academic year 201415 to 201819.
2.2. For the academic years 20142015, 20152016, 2016
2017, and 20172018, admissions to the MBA and
MMS Courses in JBIMS was conducted as an
Autonomous PG Department of the University of
Mumbai.
The autonomy granted to JBIMS from 20142015 to
20182019 was not challenged by any party.
As a consequence, 85% seats were filled up from all
universities in the State of Maharashtra on the basis of
merit, while 15% were filled up from the all India quota
merit list.
2.3. As per Section 122 (4) of the Maharashtra Public
Universities Act, 2016, Autonomous
Colleges/University Departments may prescribe their
own courses of study, evolve their own teaching
methods and conduct examinations and tests for their
students, and recommend the award of degrees, and
diplomas to the University as per the procedure
prescribed in the Statutes.
2.4. During the academic year 20182019, the Directorate
of Technical Education issued a Notification whereby
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100% seats in JBIMS were allocated to the students
from the State of Maharashtra, and thereby wiped out
the 15% all India quota in entirety. The Bombay High
Court in Mayuri Umesh Munde v. Directorate of the
Technical Education & Ors. [W.P. (L) No. 2342 /2018
decided on 27.07.2018] held the 100% State quota to
be illegal and impermissible.
2.5. The JBIMS vide letter dated 18.02.2019 addressed to
the Directorate of Technical Education, Maharashtra,
informed the Directorate that JBIMS was an
autonomous department of the University of Mumbai.
A decision was taken by the Board of Management on
15.02.2019, that JBIMS would process its own
admission program for the MMS course for the ensuing
academic year 20192020. The Directorate was
requested not to include JBIMS in the CET process,
and further informed that the procedure for admission
and the timelines being followed would be intimated in
due course.
A separate letter dated 18.02.2019 was addressed to
the Admission Regulatory Authority (CETCell) to the
same effect.
2.6. The JBIMS addressed a letter dated 25.05.2019 to the
Vice Chancellor of the University of Mumbai, for
extension of its autonomous status.
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Further letters dated 27.06.2019 and 28.06.2019
were written to the Vice Chancellor for extension of
autonomy for the next fiveyear period.
2.7. For the academic year 20192020, a confusion
occurred about the status of JBIMS since the
autonomous status granted by the University of
Mumbai was for a period of five years i.e. from 2014 to
2019.
2.8. The Combined Entrance Test, was conducted by the
CETCell, Maharashtra, for the current academic year
on 09/10.03.2019. The results were declared on
30.03.2019.
2.9. The State of Maharashtra vide G.R. dated 04.06.2019
followed by the Information Brochure dated
29.06.2019, set out the seat matrix for autonomous
institutes, and nonautonomous institutes and
University Departments as follows :
| Autonomous : | 85% State Level |
|---|---|
| NonAutonomous & :<br>University Department | 70% for Home University<br>15% for Other Universities |
2.10. On 01.07.2019, the Directorate of Technical Education
published information on its website showing the
status of JBIMS as nonautonomous. As a
consequence, out of a total of 120 seats in JBIMS, 79
were to be allocated to the Home University i.e.
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University of Mumbai in all categories; 17 seats were to
be allocated to Outside Home Universities (OHU); and
5 seats were to be allocated to Persons with Disabilities
(PWD). The balance 18 seats constituted 15% of the
total number of seats left as the All India Quota.
2.11. JBIMS vide letter dated 09.07.2019, informed the
Director of Technical Education, Maharashtra that
JBIMS is a department of the University of Mumbai.
The University itself is an autonomous body, and can
grant autonomy to its own departments. The
Application for extension of autonomy had been made
before the Vice Chancellor. The Vice Chancellor of the
University had permitted JBIMS to apply and get the
process of extension of autonomy started. The
extension of autonomy was expected to be received in
due course.
2.12. On 17.07.2019 the CETCell, Maharashtra published
the Allotment List for students, including JBIMS. In
CAP Round 1, admissions were done on the basis of
JBIMS being a NonAutonomous Institute.
2.13. The Appellants herein are students from the University
of Mumbai, who secured admission in JBIMS on the
basis of the Seat Allocation made in CAP Round 1.
2.14. On 18.07.2019, Writ Petition bearing No. 20304/2019
was filed by Respondent Nos. 7 to 15 herein, who are
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students from Other Universities in the State of
Maharashtra, to challenge the admissions made to
JBIMS by treating it as a NonAutonomous Institute.
The Writ Petitioners inter alia contended that they
had secured higher ranks on merit in the Common
Entrance Test. However, the admissions were
conducted on the basis of JBIMS being a Non
Autonomous Institute, and the Writ Petitioners were
not able to secure admission, since 70% of the seats in
JBIMS were allocated to students from the Home
University i.e. the University of Mumbai. Had JBIMS
been treated as an Autonomous Institute for the
current academic year, then 85% seats would have
been filled up by candidates from all universities
across the State on the basis of merit in the Common
Entrance Test.
The Writ Petitioners inter alia prayed for a direction
to the respondents to initiate and complete the process
of extension of the autonomous status of JBIMS by
following the procedure prescribed under Statutes No.
593 to 642 framed by the University of Mumbai; quash
the Allotment List dated 17.07.2019; grant an interim
injunction to restrain the CETCell, Maharashtra from
carrying on with the admission process.
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2.15. Given the urgency of the matter, a division bench of
the Bombay High Court took up the matter for final
hearing and passed the 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 even though their names were contained
in the Allotment List dated 17.07.2019, they were
neither impleaded in the Writ Petition, nor was notice
issued to them by the High Court.
2.16. The High Court vide Impugned Judgment and Order
dated 25.07.2019, allowed the Writ Petition, and
directed that the admissions process be reconducted
by treating JBIMS as an Autonomous Institute.
The High Court recorded in para 42 of the impugned
judgment that the Advocate General for Maharashtra
did not dispute that the University of Mumbai had the
power to confer autonomous status on JBIMS. As per
Section 122 of the Maharashtra Public Universities
Act, 2016, a University Department or Institution,
affiliated college, or recognized institution could apply
to the University for grant of autonomous status.
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Autonomy was not granted by the State Government,
but by the University.
The High Court further held that JBIMS continued to
be an Autonomous Institute, since its Application for
extension of autonomy was pending approval before
the University. The Vice Chancellor of the University
had permitted JBIMS to apply for extension, and get
the process commenced. As a consequence, the status
of autonomy of JBIMS was neither surrendered, nor
was it revoked.
In this backdrop, the State Government and the
Directorate of Technical Education could not have
proceeded on the premise that the autonomous status
of JBIMS had automatically come to an end on
11.07.2019. The presumption of the State that JBIMS
is a NonAutonomous Institute was held to be
unsustainable.
The High Court further held that the status of JBIMS
remained unaltered, and that JBIMS had not lost its
autonomy. In these circumstances, the modification
brought about by the Directorate of Technical
Education by showing the status of JBIMS as non
autonomous was set aside.
It was directed that the entire admissions process be
reconducted by treating JBIMS as an Autonomous
Institute.
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3. The Appellants herein are 39 students who filed the Special
Leave Petition against the aforesaid Judgment dated
25.07.2019 seeking special leave to appeal, since they were
not impleaded before the High Court. These Appellants come
from the University of Mumbai, and are seeking admission on
the basis of JBIMS being a nonautonomous Institute.
On 14.08.2019, this Court issued Notice to all the
Respondents, and directed that status quo be maintained in
the meanwhile. The matter was posted for final hearing on
28.08.2019.
4. The matter was taken up for final hearing on 28.08.2019.
The AppellantStudents were represented by Mr. C.U. Singh,
Sr. Adv., the State of Maharashtra was represented by Mr.
Prasenjit Keswani, Adv., the RespondentStudents [original
Writ Petitioners] were represented by Mr. S.B. Talekar, Adv.,
the University of Mumbai and JBIMS were represented by
Mr. Sunil Fernandes, Adv., and the UGC was represented by
Mr. Apoorv Kurup, Adv.
The Court appointed Mr. Maninder Singh, Sr. Adv. to
appear as amicus curiae and assist the Court.
5. We have heard the learned counsel for all the parties,
perused the material on record, and the written submissions
filed by all the parties, including the learned .
amicus curiae
10
6. It was submitted inter alia on behalf of the Appellant
Students that :
6.1. The impugned judgment has been passed after the
Appellants had obtained admission. The Allotment List
was published on 17.07.2019 i.e. prior to the filing of
the Writ Petition. Hence, there was no justification for
not impleading them in the Writ Petition, even though
they were most vitally affected by the outcome of the
proceedings. The impugned judgment being ex parte
them, was liable to be set aside on this ground
qua
alone.
6.2. The impugned judgment was passed without issuing
Notice to the UGC, even though it was joined as a party
respondent in the Writ Petition. Representation by the
UGC was necessary to determine the issues raised in
the Writ Petition, since it is the case of the Appellants
that concurrence of the UGC was mandatory for grant
of autonomous status.
The High Court decided the case with undue haste,
without granting a hearing to the necessary parties i.e.
the AppellantStudents who had already secured
admission, and the UGC.
11
6.3. The autonomous status conferred by the University
was invalid, since the procedure prescribed by law had
not been fulfilled. The University Statutes apply to
colleges as well as university departments. Statutes
No. 593 to 642 passed by the Senate of the University
of Mumbai in its Special Meeting held on 04.12.2001
pertain to grant of autonomous status to Affiliated
College/University Department/University Institution.
6.4. The Appellants submitted that the Statutes No. 593 to
642 of the University of Mumbai for grant of
autonomous status to Affiliated College/Recognized
Institution/University Department/University
Institution, passed by the Senate on 04.12.2001,
would be applicable to JBIMS as well.
As per Statute No. 595, the College/Recognized
Institution/University Department/University
Institution desirous of having autonomous status shall
apply to the Registrar of the University.
The Board of College and University Department
should constitute a Committee to scrutinize the
Applications received. The Report of the Scrutiny
Committee shall be placed before the Board for its
consideration. After careful consideration of the
Report, the Board shall recommend the case of such
College/Recognized Institution/University
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Department/University Institution to the Academic
Council for its consideration.
As per Statute No. 597, the Academic Council, after
considering the recommendations of the Board of
College and University Department shall constitute the
Local Inquiry Committee, which would comprise of a
fivemember committee, including one nominee of the
UGC.
The Report of the Local Inquiry Committee shall be
placed before the Academic Council for its
consideration. After careful consideration of the
Report, the Academic Council shall recommend the
same to the Management Council.
The Management Council shall consider the Report
of the Local Inquiry Committee, and the
recommendations of the Academic Council, and
thereafter take its decision whether autonomous status
be conferred on the applicant College/Recognized
Institution/University Department/University
Institution, or whether the Application be rejected.
The Statutes of the University of Mumbai require a
recommendation from the State Government; the
concurrence from the UGC; and publication of a
Notification by the University of Mumbai notifying the
conferment of autonomous status.
13
However, none of these requirements had been
fulfilled in the present case. This would be apparent
from the fact that JBIMS was not included in the
Annual List of Autonomous Colleges published by the
UGC.
6.5. JBIMS was granted autonomy for a period of five
academic years from 201415 to 201819 by the
University. Hence, even if it is assumed that the
autonomous status of JBIMS was validly granted in
2014, it was certainly not applicable for the academic
year 201920.
6.6. It was further submitted that there is no provision for a
deemed extension of the autonomous status of an
institute. Regulation 7.10 of the 2018 UGC Regulations
will apply only if an Application in the prescribed
format under Regulation 7.8, has been made to the
UGC, at least 6 months prior to the expiry of the
autonomy cycle.
6.7. The Maharashtra Unaided Private Professional
Educational Institutions (Regulation of Admissions to
Full Time Professional Undergraduate Technical
Courses) Rules, 2017 were made specifically applicable
to, and adopted for Government aided/nonaided
institutions and University Departments vide G.R.
dated 25.04.2017.
14
The G.R. dated 25.04.2017 prescribed the seat
matrix for admissions, which was further amended
vide the G.R. dated 04.06.2019.
6.8. It was submitted that even if there was some ambiguity
with regard to the definitions of “Autonomous
Institutes” and “NonAutonomous Institutes” for the
applicability of this statutory regime to JBIMS, the
Information Brochure dated 29.06.2019 put all doubts
to rest, and conclusively answered this issue.
The Information Brochure dated 29.06.2019 is
admittedly the document on the basis of which both
the Writ Petitioners (Respondent Nos. 7 to 15 herein)
and the present Appellants have applied for admission.
The said Information Brochure sets out the manner
in which the Admissions Act, 2015 and the Rules of
2017 are to be applied. It sets out the definition of an
“Autonomous Institution” as an institution to which
autonomy is granted by the UGC.
The Writ Petitioners have neither challenged the
Information Brochure, nor the G.R. dated 25.04.2017.
6.9. It was further submitted that even if it is conceded that
JBIMS can be treated as a University Department, for
which the concurrence of the UGC is not required,
even then the seat matrix applicable to JBIMS will
remain the same, since the seat matrix applicable to a
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nonautonomous institution and a university
department is the same.
7. The stand taken by the State of Maharashtra was similar to
that of the Appellants.
7.1. It was submitted that the concurrence of the UGC is
mandatory for grant of autonomous status to an
educational institution.
7.2. It was further submitted that the Directorate of
Technical Education letter dated 19.01.2019 had
vide
informed JBIMS that it is not included in the list of
autonomous colleges published by the UGC.
JBIMS was asked to furnish proof of having been
granted autonomy after the concurrence of the UGC,
but JBIMS failed to do so.
7.3. It was further submitted that if the admissions process
is reconducted by treating JBIMS as an autonomous
institute, then it will lead to complications in the entire
admissions process throughout the State.
8. The Respondent – Students, JBIMS, and the University of
Mumbai took the same stand that admissions to the current
academic year 20192020 ought to be carried out on the
basis that JBIMS is an Autonomous Department of the
University of Mumbai.
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8.1. It was submitted that JBIMS is admittedly a
Department of the University of Mumbai. Since the
University of Mumbai itself is autonomous, it does not
require the concurrence of the UGC for granting
autonomous status to one of its own Departments.
8.2. The source of its autonomy was on the basis of
conferment by the University of Mumbai, which was
granted vide letter dated 11.07.2014 bearing Reference
No. APD/523/169/2014. The autonomy was granted
pursuant to the Resolution dated 07.06.2014 passed
by the Academic Council, and the Resolution dated
07.07.2014 passed by the Management Council. The
decision of the University of Mumbai to confer
autonomous status to JBIMS was not challenged by
any party.
8.3. It was further submitted that the UGC Regulations
published on 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
the University of Mumbai viz. Physics, Chemistry, and
Economics were granted autonomous status by the
University almost a decade ago. Their autonomous
status is continuing till date, and has never been
17
questioned either by the State Government, or the
UGC.
8.5. It was further submitted that the List of Autonomous
Colleges published by the UGC annually, includes only
Colleges, and not University Departments. The non
inclusion of JBIMS from the said list has no
significance.
8.6. The autonomous status of JBIMS granted on
11.07.2014 till 2019, has neither been surrendered,
nor revoked.
Pursuant to the permission granted by the Vice
Chancellor to apply, and get the process of autonomy
started, JBIMS has submitted its Application. The
Application is under active consideration of the
University.
9. The UGC was represented by counsel before this Court, and
filed detailed written submissions before the Court. It was
submitted that :
9.1. The UGC had initially made “Guidelines for
th
Autonomous Colleges during the XII Plan Period
(2012 – 2017)” which in para 3 had made it clear that
only “Colleges” were eligible to apply for autonomous
status.
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9.2. These guidelines were replaced by the “UGC Guidelines
for Autonomous Colleges, 2017” which also were
applicable only to “Colleges”. Clause 6 of the 2017
Guidelines provides the condition of eligibility, wherein
it is stated that:
“All Colleges (of any discipline) under Section 2(f) of
the UGC Act whether aided, partially aided and
unaided/selffinancing are eligible to apply for
autonomous status.”
9.3. The UGC promulgated the 2018 Regulations which in
Regulation 1.2, state that:
“These Regulations shall apply to all
Colleges/Institutions which are affiliated to, or are
constituent colleges of Universities in the country
seeking the conferment of Autonomous College
Status.”
Regulation 6 states as follows :
“Colleges (of any discipline) whether aided, partially
aided and unaided/selffinancing are eligible
provided they are under Section 2(f) of the UGC Act.”
Upon grant of Autonomous College Status, the
concerned institution would be entitled to the
benefits stipulated in Regulation 3.
The term “College” which is defined in Regulation
2.4, cannot be interpreted to include a “Department”
of the Parent University, since a “Parent University”
is defined under Regulation 2.9 as follows :
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“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 a constituent of that University, and it is not
required to apply to the UGC for autonomous status in
terms of the University’s Statutes, since Universities
are by their very nature, autonomous/independent
institutions of higher education.
9.4. The 2018 Regulations are applicable only to Colleges to
apply for autonomous status.
9.5. The UGC expressly took the view that JBIMS is
admittedly neither an affiliated college, nor a
constituent college, but a Department of the University
of Mumbai. A Department of the University of Mumbai
is not required to apply for autonomous status under
the UGC Regulations.
It was further submitted that JBIMS is a Department
of the University of Mumbai, and is not required to
apply for autonomous status under the UGC
Regulations. For grant of autonomous status to a
Department of the University, Section 122 of the
Maharashtra Public Universities Act, 2016 provides
that the University Department may apply to the
University for grant of autonomous status. The
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Management Council on the recommendation of the
Academic Council may confer the autonomous status.
The Maharashtra Public Universities Act, 2016 itself
makes a distinction between a “College” and a
“Department”.
10. Mr. Maninder Singh, Sr. Adv., the learned amicus curiae inter
submitted that :
alia
10.1. The autonomy envisaged under Section 2(5) of the
Maharashtra Public Universities Act, 2016 is
completely different from the autonomy envisaged
under the Regulations framed by the UGC.
The UGC (Conferment of Autonomous Status upon
Colleges and Measures for Maintenance of Standards
in Autonomous Colleges) Regulations, 2018 (“2018
UGC Regulations”) are applicable only to colleges, and
not to Departments of the University. This would be
evident from the various clauses in the 2018 UGC
Regulations. The Preamble to the Regulations states
that the Regulations have been promulgating college
autonomy. Clause 1.2. of the Regulations states that
the Regulations shall apply to all Colleges/ Institutions
which are affiliated to, or are constituent colleges of
Universities in the country seeking conferment of
Autonomous College status.
21
The definition of “College” under Clause 2.4 of the
2018 UGC Regulations, when read with the definition
of “Parent University” under Clause 2.9, makes it
abundantly clear that the 2018 UGC Regulations apply
only to affiliated or constituent colleges, and not to
University Departments.
The phrase “autonomous college” is employed in
other provisions of 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 Clause 3 of
the Regulations. Throughout the Regulations, reference
is made to an “autonomous college”, and not to a
University Department.
Clause 6 of the 2018 UGC Regulations contains the
eligibility clause, which refers only to colleges, whether
aided, partially aided, or unaided/selffinancing,
provided they fall under Section 2 (f) of the UGC Act.
It was therefore, submitted that since JBIMS was not
a College, nor an Institution affiliated to, nor a
constituent of the University, the 2018 UGC
Regulations were not applicable to it.
The 2018 UGC Regulations cannot be made
applicable to University Departments, since the
University itself is independent/autonomous in its
functioning, and therefore there is nothing that
22
prohibits a 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 of autonomy granted by the
University of Mumbai under the 1994 Act, and
thereafter the 2016 Act.
10.3. Admission to prestigious educational institutions such
as JBIMS must be granted on merit. If JBIMS is
treated as a nonautonomous institute, and 70% of the
seats are reserved for the Home University, 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 all universities in the
State of Maharashtra.
11. We have carefully perused the written submissions made
by all the parties, and heard the oral submissions made by
their respective counsel, including the learned amicus
curiae .
11.1. The admitted position is that JBIMS is a Department of
the University of Mumbai, and was granted
autonomous status by the University itself. JBIMS is
23
not an affiliated college, nor a constituent college 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 the submission
of the Advocate General for the State of Maharashtra
about the status of JBIMS as follows :
“23….Then, Mr. Kumbhakoni was at pains to tell us
about the status of JBIMS. He would submit that we
must not forget that JBIMS is a department of
University. The University has appointed the staff
and the University has sanctioned the budget of
JBIMS. It is not an affiliated college, but a college
conducted by the University. It is not even a
constituent college. Mr. Kumbhakoni would submit
that the autonomy in this case is not granted by the
UGC, but by the University of Mumbai….”
(emphasis supplied)
As per the University of Mumbai and JBIMS,
autonomy was conferred by the University in
accordance with the provisions of Maharashtra
University Act, 1994.
11.2. The UGC in its detailed written and oral submissions
has expressly stated that JBIMS being a Department of
the University of Mumbai, was not required to apply for
autonomous status under the UGC 2018 Regulations.
The 2018 Regulations were applicable to Colleges/
Institutions affiliated to Universities in the country
seeking conferment of “Autonomous College Status”.
24
It was submitted that JBIMS is not an affiliated
college, nor a constituent college, but a department of
the University of Mumbai. The approval of the UGC is
not required if a University Department applies to the
University, for grant of autonomous status under
Section 122 of the Maharashtra Public Universities
Act, 2016.
11.3. JBIMS had informed the Directorate of Technical
Education vide letter dated 18.02.2019 that pursuant
to the decision taken in the meeting of the Board of
Management held on 15.02.2019, it was finalizing the
admission procedure for the MMS course for the
academic year 20192020. It was requested that
JBIMS should not be included in the CET process.
JBIMS informed the Directorate of Technical
Education that since it was a Department of the
University of Mumbai, it was awaiting to receive the
extension of its autonomous status from the University
of Mumbai.
11.4. The autonomous status conferred on JBIMS was
granted with effect from 11.07.2014 to 11.07.2019. It
was during the subsistence of the autonomous status,
that the Directorate of Technical Education and the
CETCell on 01.07.2019, had shown the status of
JBIMS to be nonautonomous.
25
As a consequence, the entire seat matrix for
admission to the postgraduate courses in JBIMS
underwent a complete change. As per the seat matrix
published, 70% seats would now be allocated to the
University of Mumbai, to the exclusion of all other
universities in the State of Maharashtra. The
remaining 15% to other Universities; and the balance
15% for the AllIndia Quota.
In the aforesaid circumstances, since the application
for extension was under consideration, the Directorate
of Technical Education and the CETCell were not
justified in treating JBIMS as a NonAutonomous
Institute for the current academic year 201920.
11.5. It is the admitted position that the autonomous status
granted to JBIMS has not been revoked, or
surrendered.
The application for extension was made by JBIMS
pursuant to the permission granted by the Vice
Chancellor of the University of Mumbai. The
application for extension is stated to be under active
consideration.
Since JBIMS had continued to fulfill the eligibility
criteria for extension/renewal of the autonomous
status, it is only a ministerial act which is required to
be carried out by the University to issue the
26
Notification for grant of extension/renewal of the
autonomous status.
11.6. It is relevant to note that even during the previous
academic year i.e. 201819, the Directorate of
Technical Education had issued a Notification,
whereby it amended the Information Brochure, and
allocated 100% seats in JBIMS to the Maharashtra
State quota.
This Notification came to be challenged by a student
from the All India Quota in the case of
Mayuri Umesh
v.
Munde Directorate of Technical Education & Ors.
(supra), wherein the Bombay High Court held that the
100% reservation in favour of candidates from the
State was illegal and impermissible. The High Court
noted that during the preceding years, the State of
Maharashtra had consistently allocated 85% seats in
Autonomous Institutes to candidates from all
Universities in the State of Maharashtra, and 15%
seats to candidates from the All India Quota.
The High Court held that JBIMS being a premier
institution, and one of the top management colleges in
the country, was being deprived of bright meritorious
students from all over the country. This was a great
national loss, and would undermine the status of an
institution of national stature.
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This judgment was not challenged any further, and
attained finality.
11.7. A perusal of the provisions of the Maharashtra Public
Universities Act, 2016 provide the procedure for grant
of autonomous status to departments of a University.
Section 2(5) of the Maharashtra Public Universities
Act, 2016 defines “autonomy” as follows :
“2. (5) “autonomy” means a privilege of the university
conferred by the Statutes to permit a college,
institution or a university department to conduct
academic programmes and examinations, develop
syllabus for the respective subjects 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 University for grant of
autonomous status. As per subsection (1) of Section
122, the Management Council, on the recommendation
of the Academic Council, may confer the autonomous
status.
Section 122 reads as follows:
“122. (1) A university department or institution,
affiliated college or recognized institution may apply
to the university for grant of autonomous status. The
Management Council on the recommendation of the
Academic Council may confer the autonomous status.
(2) Autonomous university department or institution
or affiliated college or recognized institution shall
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function with the objectives of promoting academic
freedom and scholarship on the part of teachers and
students which are essential to the fostering and
development of an intellectual climate conducive to
the pursuit of scholarship and excellence.
(3) The autonomous university department or
institution or affiliated college or recognized
institution, may constitute its authorities or bodies
and exercise the powers and perform the functions
and carry out the administrative, academic and other
activities of the university, as may be prescribed by
the Statutes.
(4) The autonomous university department or
institution or affiliated college or recognized
institution may prescribe its own courses of study,
evolve its own teaching methods and hold
examinations and tests for students receiving
instruction in it, and recommend the university for
award degrees, diplomas or certificates, after
following the procedure as prescribed in the Statutes.
The autonomous university department or institution
or affiliated college or recognized institution shall
have full academic and administrative autonomy
subject to the provisions of this Act and Statutes and
the guidelines issued by the University Grant
Commission, from time to time.”
(emphasis supplied)
The aforesaid provisions of the 2016 Act clearly
indicate that it is the University which is empowered to
grant autonomous status to its Departments.
Statute 604 of the University of Mumbai empowers
the University 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 the procedure prescribed
in Statutes 598 and 600.
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The Application for extension of autonomous status
has accordingly 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 its
autonomous status was taken by its Board of Management
on 15.02.2019, well before the admissions process for the
MMS Course commenced for the academic year 20192020.
Accordingly, the Directorate of Technical Education was
requested not to include JBIMS in the said process. JBIMS
after some delay, had addressed a letter dated 25.05.2019 to
the Vice Chancellor of the University for extension of its
autonomous status, which was followed up by letters dated
27.06.2019 and 28.06.2019. We observe that there was some
delay on the part of JBIMS and the University, to process the
Application for extension which led to uncertainty regarding
its continued Autonomous Status.
We however feel that meritorious students who have
secured higher marks in the CET Examination should not be
denied admission, in view of the uncertainty which occurred.
In our opinion, it would be unjust and unfair to the
meritorious RespondentStudents. Admittedly, JBIMS has
enjoyed autonomous status for the last 5 years, whereby
Home University students and students from the State of
Maharashtra being covered by the 85% State quota, had an
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equal opportunity to compete for admission. It would harm
JBIMS as an institution of national repute, and cause
disillusionment and resentment amongst the meritorious
students, if the admissions are not made on the basis of
merit in the CET. Accordingly, we direct that for the current
academic year 20192020, admissions would be made as per
the Judgment of the High Court.
13. The Directorate of Technical Education and the CETCell are
hereby directed to conduct the admissions process in
accordance with the ranking of the students as per the Merit
List published by CETCell, by treating JBIMS as an
Autonomous Department of the University of Mumbai.
It is therefore directed that the online admissions process
be carried out within a period of 2 weeks from the date of the
present Order. The candidates may be granted 1 week
thereafter to take admission in the respective colleges
thereafter.
14. Keeping in view the various issues which have arisen for
consideration, and since the Writ Petition was decided
without calling for counter affidavits, we deem it appropriate
to remit the matter to the High Court for determination of the
issues of law pertaining to applicability of the 2016 Act, and
the 2018 UGC Regulations. Since these issues were not
specifically raised before the High Court, and the UGC was
31
not represented, it would be appropriate for the High Court
to consider these issues.
We clarify that we have not expressed any opinion on the
merits of the matter. The findings rendered by us are of a
prima facie nature, in order to ensure that the admissions
process for the current academic year 20192020 does not
get stalled any further.
15. We extend our gratitude to Mr. Maninder Singh, Sr. Adv. who
very 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.
.......................................J.
(INDU MALHOTRA)
...…...............………………J.
(SANJIV KHANNA)
September 02, 2019
New Delhi
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