1 2025:CGHC:28883-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 401 of 2025 1 Atal Bihari Vajpayee Vishwavidyalaya (The State University ) An Incorporated Under The Provisions Of Chhattisgarh Vishwavidyalaya Adhiniyam, 1973, Through Its Registrar, Atal Bihari Vajpayee Vishwavidyalaya, In Front Of The Koni Police Station Koni Bilaspur District - Bilaspur (C.G.) ... Petitioner(s) versus 1 D.P. Vipra College, Through Its Principal (In- Charge ) Old High Court Road Bilaspur District - Bilaspur (C.G.) 2 The University Grant Commission Ministry Of Education Govt. Of India Through Its Secretary, Bahadur Shah Jafar Marg New Delhi - 110002 ... Respondent(s) For Appellant : Mr. Neeraj Choubey, Advocate For Respondents No. 1 : Mr. B.P. Sharma, Advocate along with Mr. M.L. Saket and Mr. Pushp kumar Gupta, Advocate For Respondent No. 2 : Mr. Jitendra Nath Nande, Advocate JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.07.01 10:21:00 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Ramesh Sinha , Chief Justice 30.06.2025 1. The appellant/writ petitioner has filed this writ appeal assailing the order dated 08.05.2025 passed by the learned Single Judge of this Court in WPC No. 778/2025, by which, the learned Single Judge has dismissed the petition filed by the appellant/writ petitioner. 2. The brief facts as projected by the University is that, the University has taken the stand as since the affiliation of the College is governed with the statute No. 27 of the University and the services of the employee of the College is governed with the statute No. 28 of the University, therefore, the respondent College is bound to follow the provisions of statute No. 27 & 28 of the University. However, D.P. Vipra College has failed to do so and deliberately avoided the instruction/direction of the University due to which the University is facing unwanted litigation and for avoiding any adverse action from the University, the College, behind the back of the University had applied for grant of autonomous status before the UGC by suppressing material facts and also sought NOC/recommendation of the University. 3 3. Since the University was fully aware with the reality of the resources and deficiencies in the College, therefore, before acting upon the request of the College, the University vide letter No.565/Acad./2023 Bilaspur dated 09.06.2023 has sought the information from the College in particular point, which includes the academic performance of the College in University examination, academic (extension and research of faculty, financial strength and quality of institution management, etc.). Apart from that a very categorical response was also sought from the College with regard to compliance of regular staff in accordance with statute-28 of the University and a response was also asked from the College with regard to the permission sought for conducting the BBA program for 1st year, 2nd year and 3rd year as it was informed to the University that no such prior sanction was taken by College from state government and from the University. However, D. P. Vipra College had failed to furnish the entire information as sought by the University. Therefore, looking into the number of deficiencies in the College, the University refused to give the NOC/recommendation for conferment of autonomous status upon the College. However, without consent, NOC, and recommendation of the University, the UGC issued letter dated 19.01.2024 and requested with the University to notify the status of the D.P. Vipra College as autonomous College as per clause 7.5 of the UGC (Conferment of Autonomous Status Upon Colleges 4 and Measures for Maintenance of Standards in Autonomous Colleges) Regulations, 2023, within a period of 30 days and on the basis of said letter, the D.P. Vipra College suo moto declared itself as autonomous College and claimed the autonomy as matter of right, whereas the University not accepted/adopted the UGC (Conferment of Autonomous Status Upon Colleges and Measures for Maintenance of Standards in Autonomous Colleges) Regulations, 2023, therefore the D.P. Vipra College cannot claim the autonomy from the University as a matter of right in absence of the specific provision in the Statute No. 27 of the University. 4. In the order under challenge, the learned Single Judge has observed as under:- “49. From perusal of the documents, it is apparent that the UGC has passed an order regarding conferment of autonomous status vide letter dated 19.01.2024 for a period of 10 years from the academic year 2024-25 to 2033-34 as per Clause 7.5 of the Regulations of 2023. Vide the said letter, the Atal Vihari Bajpayee Vishwavidyalaya Bilaspur to whom the College is affiliated, is directed to be issued necessary notification within a period of 30 days regarding grant of autonomous status of the College as per UGC guidelines. 5 50. It is not in dispute that petitioner-College is accredited with National Assessment and Accreditation Council (for short, “NAAC”) and having NAAC gradation “A” ISO 9001 2015. The College is having good reputation and is also imparting education of high standard to the students since the year 1969. The College is imparting various graduation and post- graduation courses. Since the UGC has passed order regarding conferment of autonomous status to the petitioner-College way back on 19.01.2024 and has directed the concerned University to issue notification in this regard within a period of 30 days, however till date, nothing has been done by the University, which is in fact contravention of Act of 1956 as well as other provisions of law. Though there is nothing on the part of the respondent-University to deny for issuance of notification about the same, however instead of issuing notification, they have challenged the order of conferment of autonomous status to the College by way of connected writ petition. 51. From perusal of record, it seems that the respondent-University seeks to challenge the letter dated 19.01.2024 on the ground that before issuance 6 of such conferral order, the University has not been informed, more so, the University was heard before granting of conferment of autonomous status to the concerned College, which is necessary in the eyes of law. 52. Insofar as objection raised by the University is concerned, it has been submitted that since the College is affiliated with the University under statue No.27, the College is duty bound to furnish the information sought by University, but concerned College has failed to furnish requisite information as sought by the University. The College is running different course without seeking necessary permission from the AICTE, NCTE, BCI, PCI, however the College is running like BBA, BCA, MCA, PGDCA etc., for which, the Regulatory Authority is AICTE, but the College has not taken any permission from the concerned Regulatory Authority. It is well settled that at first, the College has to approach to the University, however, without informing or giving knowledge to the University, the College has went for seeking autonomous status. 53. For the foregoing reasons as well as the while 7 examining the facts of the present cases in the light of aforementioned law laid down by the Supreme Court as also the relevant provisions of law such as Acts, Rules as well as Regulations, this Court is of the considered opinion that the writ petition filed by the D.P. Vipra College being WPC No.4092/2024 is liable to be and is hereby allowed and accordingly, the respondent-University is directed to issue necessary notification regarding autonomous status of petitioner- College in accordance with the Regulations of 2023, particularly Regulation No.7.2 under which respondent- University is obliged to issue notification regarding autonomous status of petitioner-College within 30 days. 54. 54. As an upshot of the above discussions, this Court is of the considered opinion that the University has not made out any case for interference, as such, the writ petition filed by the Atal Vihari Vajpayee University, being WPC No.778/2025, is liable to be and is hereby dismissed being sans merit. 5. The writ appeal has been filed by the appellant reiterating the same plea challenging the order dated 08.05.2025 passed in WPC No. 778/ 2025 and praying for setting aside the UGC letter dated 8 19.01.2024 and further quashing the consequential letter issued by the UGC regarding the autonomy of the respondent College, by declaring that, the UGC cannot compelled the petitioner for issuing the notification for declaring the autonomy of the College and to issue suitable direction by directing the UGC to firstly take the cognizance upon the objection of the University in a substantial way and decide the same after spot inspection of the College and ensure the quality of education in the respondent College, only then issue the direction for granting the autonomous status in respect of the courses which is recognized by the UGC. 6. On the other hand, learned counsel appearing for respondent- D.P. Vipra College submits that the acts of omission and commission on the part of petitioner-University is arbitrary, illegal and in violation of the edifice of rule of law. He further submits that Regulations of 2023 obliges the petitioner-University to issue notification within 30 days and as early as on 19.1.2024 autonomous status has been conferred by respondent-UGC on the College and till date, although more than sufficient time has elapsed, petitioner-University failed to issue Notification which is in contravention of the Act of 1956 and other provisions of law. It has been contended that the respondent authorities concerned cannot sit over the representations made by respondent-college and are obliged to take steps in accordance with law within time frame as 9 may be fixed under the law and prayed that before proceeding further in the matter. It has been further contended that vide letter dated 19.01.2024, the respondent-UGC has granted the status of autonomous College. In compliance of the said letter, the petitioner-University is required to notify the same. However, the same has not been notified by the University till date. Therefore, a direction may be issued to University to notify the same within a stipulated period. 7. On the other hand, learned Learned counsel appearing for respondent-UGC submits that before issuing the letter dated 19.01.2024 while granting autonomous status to the petitioner- College, letters were issued to the respondent-University inviting their objections, which appears that they have not made any objections and therefore, the order was passed. He further submits that in the portal of UGC, the University was requested to raise its objection within specified time however, when the objection were not made in the portal autonomous status has been granted. It has been contended that firstly, the respondent-University are required to comply with the letter dated 19.01.2024, as it is binding upon them. However, it could not dispute that the objections of the respondent-University dated 09.02.2024 has been received by the respondent-UGC. It has been contended that with a view to 10 promote academic autonomy in the colleges the University Grants Commission comes up with the regulation called University Grants Commission (Conferment of Autonomous Status upon Colleges and Measures for the Maintenance of Standards in Autonomous Colleges) Regulations, 2023 (Hereinafter called as Regulation of 2023). The said Regulation of 2023 provides that the autonomy may be granted to the Colleges and institution if they fulfill certain criteria. It has been argued that on 17.01.2022, the College submitted an application for conferment of Autonomous status as per Clause 7.1 of UGC Regulations, which was rejected on 09.06.2023 by the sitting of the 63rd Standing Committee Meeting and again, on 17.09.2023, the College applied for the conferment of the Autonomous status. The affiliating University of the College did not provide any comment on the portal and the proposal was placed before the 66th Standing Committee Meeting, which was held on 22.10.2023, wherein the committee decided that "the University may be asked to provide clear recommendation/non- recommendation with the approval of the competent authority within 30 days of communication of UGC. It is further argued that the affiliating University of the College did not respond by UGC letter dated 15.09.2023 and the application was then placed before the 67th Meeting of the Standing Committee and the Committee recommended for conferment of autonomous status upon the College and the recommendations made by the Standing 11 Committee were approved by the Commission in its meeting held on 16.01.2024 and on 19.01.2024, the office of the UGC wrote a letter to the University informing them about the decision taken by the Standing Committee on Autonomous College to grant autonomous status to the College, which is affiliated to the University. It has been submitted that on 16.02.2024, the University wrote an objection letter to the UGC regarding the recommendation of the College, in turn, the University sent a letter to the UGC dated 16.02.2024 clarifying all the contentions raised by the University regarding the autonomous status of the College on 15.03.2024. Thereafter, the University wrote a letter addressed to Principal D.P. Vipra College, Old High Court Road, Bilaspur Chhattisgarh on 20.02.2024 regarding the nomination of the Governing body/Academic Council. The said letter was sent to UGC for information, which was received on 16.04.2024 as well as the UGC has sent an e-mail to the concerned University on 22.08.2024 clarifying that for nomination of the Governing Body/Academic Council, Clause 12 of the Regulations of 2023 dated 03.04.2023 is self-explanatory and mandatory guideline needs to be followed. It has been further submitted that the College was recommended for conferring with the autonomous status on 19.01.2024 for the period from 2024-2025 to 2033-2034 and for the conferment of the autonomous status, but till date, the University has not notified the Autonomous Status. Such action by 12 the University would have a contrary effect to the letter of UGC and contradictory to Regulations of 2023. It has been also submitted that the grievance of the respondent-University has been redressed and communicated to them vide letter dated 15.03.2024. It has been lastly submitted that the issue involved is against the affiliating University and the UGC is just a formal party and since, no relief has been claimed against the UGC, therefore the present petitions deserve to be dismissed. 8. We have heard learned counsel for the parties and perused the material available in the record. 9. Considering the submissions advanced by the learned counsel for the parties, perusing the impugned order and the finding recorded by the learned Single Judge while dismissing the writ petition of the University that DP Vipra College is accredited with National Assessment and Accreditation Council (for short, “NAAC”) and having NAAC gradation “A” ISO 9001 2015. The College is having good reputation and is also imparting education of high standard to the students since the year 1969. The College is imparting various graduation and post-graduation courses. Since the UGC has passed order regarding conferment of autonomous status to the petitioner-College way back on 19.01.2024 and has directed the concerned University to issue notification in this regard within a 13 period of 30 days, however till date, nothing has been done by the University, which is in fact contravention of Act of 1956 as well as other provisions of law. Though there is nothing on the part of the respondent-University to deny for issuance of notification about the same, however instead of issuing notification, they have challenged the order of conferment of autonomous status to the College. 10. In view of foregoing, we are of the considered view that the learned Single Judge has not committed any illegality, irregularity or jurisdictional error, warranting interference of this Court. 11. Accordingly, the writ appeal being devoid of merit is liable to be and is hereby dismissed. SD/- SD/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti/ $ Bhilwar