MANIPAL UNIVERSITY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is said to be a Deemed University as declared by the Central Government under Section 3 of the University Grants Commission Act, 1956 (Hereinafter referred to as the UGC Act , for brevity). It was said to have been so declared vide notification dated 13.9.2006. The petitioner was known and identified itself as the Manipal Academy of Higher Education, or MAHE. Consequent on being declared as a deemed University, the Board of Management of the institution, by a resolution dated 9.12.2006, resolved to identify itself as Manipal University .

(2.) It transpires that during August 2009, the petitioner had learnt, through a newspaper report, of the Central Government having issued a communication to the University Grants Commission (Hereinafter referred to as the UGC , for brevity) that a deemed to be University shall not use the word University in its name. The petitioner had thereafter received a communication from the UGC, on 19.8.2009, intimating that the use of the word University , with its name ,which was expressly allowed as per notification dated 13.9.2006 of the UGC, was withdrawn and the petitioner was advised not to use the word University with its name. It this which is under challenge in the present writ petition.

(3.) The learned Senior Advocate, Shri Ashok Harnahalli, appearing for the counsel for the petitioner, contends as follows:- That MAHE was founded by Dr.T.M.A.Pai, a resident of Manipal, - a banker and a philanthropist. He had established numerous educational institutions in the backward and rural areas of the region. The first medical college in the country, Kasturba Medical College (KMC) was said to have been established at Manipal, in the year 1953. The KMC at Mangalore was said to have been established in the year 1955.