LAWS(MAD)-2011-3-248

SRM UNIVERSITY Vs. GOVERNMENT OF INDIA

Decided On March 18, 2011
SRM UNIVERSITY Appellant
V/S
GOVERNMENT OF INDIA Respondents

JUDGEMENT

(1.) THE brief facts of the case which are necessary to dispose of the matter are recapitulated below.

(2.) 2.1 The writ petitioner was declared as an institution deemed to be a university as per Section 3 of the University Grants Commission Act, 1956 (for brevity, "UGC Act") in August, 2002 and it is stated to have campuses and courses under its ambit situated at Chennai and Modinagar, Uttar Pradesh. As per the decision in a public interest litigation before the Supreme Court in Viplav Sharma v. Union of India (W.P.(Civil) No.142 of 2006), wherein the Supreme Court considered a dispute regarding the functioning of deemed universities all over India, the petitioner/University was categorised under 'B' category, whose recognition was made subject to review.

(3.) 5.1 It is the contention of Dr.Rajeev Dhavan, learned Senior Counsel appearing for the petitioner that when admittedly the University Grants Commission, which is the authority under the UGC Act, has taken a decision to recommend the recognition of off-campus units on 30.9.2009, it cannot abdicate its discretion to act on the directions of the Union of India, by relying upon the decision of the Supreme Court in Mohinder Singh Gill v. Chief Election Commissioner, AIR 1978 SC 851.