MANAKULA VINAYAGAR ACADEMY OF HIGHER EDUCATION PUDUCHERRY Vs. UNION OF INDIA REP BY ITS SECRETARY DEPARTMENT OF HIGHER EDUCATION NEW DELHI

JUDGEMENT

(1.) PETITIONER has invoked extra-ordinary equitable jurisdiction of this court, to challenge the order dated 26.10.2010 passed by the University grants commission.

(2.) THE impugned order reads as under: "This has reference to the proposal submitted by the Institution for conferment of Deemed to be University status under section 3 of the UGC Act, 1956. THE University Grants Commission has published the UGC (Institutions Deemed to be Universities) Regulations, 2010 in the official gazette of India on 26th May, 2010. Article 23 of the UGC Regulations is reproduced as under:- "Consideration of old proposals All proposals (whether seeking declaration as an institution deemed to be university or seeking approval for establishing off-campus centres/off-shore campus(es) of inclusion of off-campus Centres in the ambit of the institution deemed to be university), which are either pending/in process in the commission or have been received by the Central Government, shall be governed by these Regulations.: In view of the above, I am directed to inform you that UGC cannot consider your proposal for Deemed to be University status in the present form as it is not as per UGC (Institutions Deemed to be Universities) Regulations, 2010. However, if you so desire, you may submit revised proposal for deemed to be University status in the format prescribed by the UGC, through Government of India, Ministry of Human Resource Development in case the Institute fulfills all the conditions contained in UGC (Institutions Deemed to be Universities) Regulations, 2010. THE Regulations and the application format prescribed by the UGC are available on the UGS website www.ugc.ac.in/insideHE/Deemed Universities/THE Gazette of India Notification:UGC(Institutions Deemed to be Universities) Regulations,2010.

(3.) THE proposal was submitted on 15.11.2004 as per the regulations in force. THE application of the petitioner was forwarded to the UGC for consideration and submission of the report. After the receipt of the application the 2nd respondent entered into correspondence seeking clarification on number of points. After the requisite information was submitted to the 2nd respondent, an inspection committee was constituted for spot verification of the infrastructure facility available with the petitioner's institution to consider the proposal for grant of Deemed University status.