Moonray Educational Society vs Jawaharlal Nehru Technological University

Heard Sri Sricharan Telaprou, learned counsel for the petitioners, Sri V.Ramachander Goud, learned Standing Counsel appearing for 1st respondent, Sri K.Jagadeeshwar, learned counsel appearing for 2nd respondent, and learned Asst.Govt.Pleader for Education appearing for 3rd respondent. Perused the record.

This Writ Petition is filed to declare the action of 1st respondent in issuing the proceedings vide Lr.No.UAAC/NOC/Change of Affiliations/2022-23 dated 11.07.2022 rejecting the request of the petitioners for change of affiliation from 1st respondent University to 2nd respondent University considering application of the petitioners dated 19.01.2022 for issuance of No Objection Certificate enabling 2nd petitioner Institution to obtain affiliation from 2nd respondent for conducting B.Pharmacy, M.Pharmacy and Pharma-D Courses from the Academic Year 2022-23 onwards, as illegal and consequently direct 1st respondent to forthwith process the aforesaid application submitted by the petitioner.

1st petitioner is a society registered under the provisions of the Societies Registration Act, 2001. Pursuant to its objectives for imparting education, 1st petitioner had established 2nd petitioner Institution, a non-minority Institution, during the Academic Year 2006-07, for imparting training in B.Pharmacy, M.Pharmacy and Pharma-D Courses with the affiliation from 1st respondent and approval from Pharmacy Council of India (PCI).

2nd petitioner Institution is located in the territorial jurisdiction of both the respondent Nos.1 and 2. Therefore, 2nd petitioner Institution has right to opt for any of the Universities for affiliation. An existing Institution to change its affiliating University, it has to seek NOC from both the Universities. In this regard, 1st respondent University has prescribed a procedure to be followed. Since 2nd petitioner Institution is situated at Raikal Village, which is about 90 kms from 1st respondent University and due to distance and connectivity (Transport) problem to the students, their parents and the faculty are facing difficulty in reaching to 1" Respondent University in the process of conducting courses. On the other hand, 2nd respondent University is located within 30 km from the petitioner Institution. Therefore, the petitioners have decided to change its affiliation from 1st respondent to 2nd respondent University. The petitioners have made an application, dated 28-12-2021 to 1st respondent seeking for change of affiliation. Since the said application is not in the prescribed format, 1st respondent University advised to submit in proper format. Therefore, the petitioners have submitted the application in the prescribed format on 19-01-2022 along with consent letter and the required documents including Demand Draft for Rs.75.000/- towards the requisite fee.

2nd respondent University had issued No Objection Certificate, dated 03-02-2022 in favour of the petitioner consenting for change of affiliating University. A copy of the same was also submitted to 1st respondent who in turn, issued No Dues Certificate, dated 22-04-2022 to the petitioners. Despite submission of the said application by the petitioners, 1st respondent did not consider the same. Therefore, the petitioners constrained to file W.P.No.26379 of 2022 seeking direction to the 1st respondent to consider their application and this Court, vide order dated 22.06.2022 disposed of the said writ petition directing 1st respondent to dispose of the application dated 19.01.2022 of the petitioner in accordance with the University Regulations within a period of two (2) weeks from the date of receipt of a copy of the said order. In compliance of the said order, 1st respondent vide proceedings dated 11.07.2022, rejected the said application submitted by the petitioner seeking change of affiliation on the ground that there are no guidelines from the Government for issue of change of Affiliation from one University to other University and the petitioner failed to mention any valid reason seeking change of affiliation. 1st respondent University is having jurisdiction in the State of Telangana for grant of affiliation. Therefore, the request made by the petitioner seeking change of affiliation was rejected. Challenging the said proceedings, the petitioners have filed the present writ petition.

Learned counsel for the petitioner would submit that the said proceedings dated 11.07.2022 are arbitrary, illegal and in violation of Article 19(1) of the Constitution of India. The petitioners are having right to change affiliation on consideration of various aspects. 1st respondent cannot compel the petitioners to continue its affiliation with 1st respondent.

Whereas, 1st respondent filed counter reiterating the aforesaid stand.

The aforesaid rival submissions would reveal that there is no dispute that the petitioners have obtained affiliation from 1st respondent University at the time of establishment of 2nd petitioner Institution for the Academic Year 2006-07. During the said Academic Year, Palamuru University was not established. Thereafter, Paamuru University was established in the year 2008. However, according to the petitioners, 1st respondent University is 90kms away from 2nd petitioner Institution. Whereas, 2nd respondent University is within 30 kms. Therefore, considering the several aspects as stated above, the petitioner intends to change its affiliation from 1st respondent University to 2nd respondent University. Accordingly they have submitted an application with all requisite formalities on 19.10.2022.

It is relevant to note that 2nd respondent has issued No Objectio Certificate on 03.02.2022 for change of affiliation. 1st respondent had also issued No Objection Certificate on 22.04.2022. JNTU has issued Regulations for change of affiliation as per which the procedure to be followed is as follows:-

4) The Management of any College, which intends to change affiliation from JNTUH to other University, has to follow the procedure mentioned below:-

a) The Management has to submit the resolution of the BOG in the format given for change of affiliation with reasons (Format CUAI)

b) Clear al dues pertaining to affiliation and common service fee, submit dues clearance certificate issued by the DE & DUAAC along with Application.

c) The Management has to submit an affidavit for progressive closure of the courses affiliated to JNTUH and to pay the affiliation and common service fee in vogue for the existing students if any for the remaining period of their study as onetime payment prescribed by the JNTUH (Format CUA2)

d) College has to give a Bank guarantee of Rs.10.00akhs for smooth conduct of examinations to the existing students admitted under JNTUH for the remaining period of their course study.

e) Affiliation inspections and monitoring of examinations by JNTUH will be carried out till the completion of the existing batches, for which an affidavit has to be submitted stating that the College will provide all necessary infrastructure facilities until the existing students pass out from the College.

f) After the change of affiliation, the colleges can’t seek re-affiliation to JNTUH again.

g) A copy of NOC issued by the AICTE to be submitted before the commencement of forthcoming Academic Year.

h) The application for change of affiliation shall be considered by the standing committee for affiliation (SCA) and appropriate resolutions will be passed thereon depending upon the reasons for change of Affiliation and fulfillment of the requirements.

There is no dispute that the petitioners have submitted an application in the said format and followed the said procedure. They have also enclosed the resolution as required in FORMAT-CUA1. They have also submitted FORMAT CUA2 i.e. undertaking by the Management for change of affiliating University. Even then, 1st respondent had rejected the aforesaid request made by the petitioner for change of affiliation on the ground that there are no guidelines from the Government for issuing change of affiliation from one University to other University and the petitioner has not mentioned valid reason for change of affiliation.

It is relevant to note that there is no provision in any law or rule or regulation prohibiting any institution from change of affiliation from one University to other University. The petitioners have to follow the aforesaid procedure prescribed by 1st respondent University for change of University affiliation. It is not the case of the 1st respondent that the petitioner herein has not followed the said procedure. The petitioner is seeking change of affiliation on the ground that 1st respondent University is 90 kms, away from 2nd petitioner Institution. Due to the said distance, there is connectivity (Transport) problem to the students and their parents. The faculty has been facing difficulty in reaching 1st respondent University for various needs in the process of conducting courses, whereas, 2nd respondent University is only 30 kms away. Therefore, 1st respondent University cannot say that the petitioners herein have not mentioned any valid reasons for seeking change of affiliation. 1st respondent failed to appreciate that there is no provision in any statute or Rule or regulation prescribing change of affiliation. Just because, there are no guidelines from the Government, 1st respondent cannot say that there are no guidelines for change of affiliation from one University to other University. Therefore, both the grounds on which athe application submitted by the petitioners was rejected i.e. petitioner failed to mention any valid reason and that there are no guidelines from the Government for change of affiliation mentioned by 1st respondent are unsustainable. On the said grounds, 1st respondent cannot reject the request made by the petitioner for change of affiliation. It is relevant to note that vide aforesaid order dated 02.06.2022 in W.P.No.26379 of 2022, this Court directed 1st respondent to dispose of the application dated 19.01.2022 submitted by the petitioners in accordance with University Regulations. 1st respondent without referring any University Regulation, rejected the application submitted by the petitioner on the aforesaid grounds which are unsustainable.

It is also relevant to note that 1st respondent University vide proceedings dated 27.07.2017 issued NOC to Kottam Institute of Pharmacy, Erravalli cross roads, Thimmapur Village, Itikyal Mandal, Mahaboobnagar District for change of affiliation from 1st respondent to 2nd respondent University. Thus, having issued NOC to the said institution, 1st respondent cannot deny the same to the petitioners which is also situated in Mahabubnagar District.

Vide order dated 23.06.2017 in W.P.No.19946 of 2017 referring to the procedure to be followed under Regulations i.e. submission of application under format CUA1, this Court held that there is no bar for the college covered by writ petitions therein so to apply by closure of the present academic year by giving certificate, they can apply for the Palamuru University by joining the academic year after obtaining no objection from JNTU.

It is relevant to note that in Arpan Gupta Vs. Board of Governors of Regional Engineering College, Kurukshetra AIR 1997 P&H 61, the Division Bench of Panjab and Haryana High Court and in Mangalmay Institute of Management & Technology Vs. GGSIP University MANU/DE/1645/2017, the High Court of Delhi, categorically held that insisting Institutions to continue its affiliation with one University is illegal and in violation of Article 19 of the Constitution of India.

As discussed supra, according to this Court, the impugned rejection order dated 11.07.2022 is not in accordance with law and the same is liable to set aside.

In view of the above discussion, this writ petition is allowed. The impugned proceedings vide Lr.No.UAAC/NOC/Change of Affiliations/2022-23, dated 11.07.2022 is set aside. The matter is remanded back to 1st respondent with a direction to consider the application submitted by the petitioner dated 19.01.2022 seeking change of affiliation from 1st respondent University to 2nd respondent University afresh by putting the petitioners on notice and affording them an opportunity. Liberty is also granted to 1st respondent to seek any further information from the petitioners while considering the aforesaid application dated 19.01.2022. 1st respondent shall complete the aforesaid entire exercise within a period of eight (8) weeks from the date of receipt of a copy of this order.

Consequently, miscellaneous Petitions, if any, pending, shall also stand closed.