ROHAN VIRANI & ORS.versusSTATE OF MAHARASHTRA & ORS.

1030                      [2019]
                SUPREME COURT    11 S.C.R. 1030
                              REPORTS                      [2019] 11 S.C.R.


 A                         ROHAN VIRANI & ORS.
                                        v.
                     STATE OF MAHARASHTRA & ORS.
                         (Civil Appeal No. 6753 of 2019)
 B                           SEPTEMBER 02, 2019
             [INDU MALHOTRA AND SANJIV KHANNA, JJ.]
              Education/Educational Institutions: - Admission to Post
       Graduate courses of Management Institute - Grant of autonomous
 C     status - On facts, grant of autonomous status to Management
       Institute-JBIMS for period of five years, 2014-15 to 2018-19 - As
       a result, 85% seats filled up from all Universities in the State of
       Maharashtra on basis of merit while 15% filled up from the all
       India quota merit list - JBIMS sought extension of autonomous
       status - Meanwhile, conduct of CET for current academic year -
 D
       Admissions done on the basis of JBIMS being a non-autonomous
       Institute, 70% from Home Universities and 15% from other
       Universities - Writ petition by respondents-students from other
       Universities in the State of Maharashtra challenging admissions
       made to JBIMS - Allowed by the High Court directing that the
 E     admission process be re-conducted by treating JBIMS as an
       autonomous Institute - Appeal before this Court by students seeking
       admission on the basis of JBIMS being a non-autonomous Institute
       - Held: Autonomous status granted to JBIMS has not been revoked,
       or surrendered - Application for extension is stated to be under
 F     active consideration - Since JBIMS had continued to fulfill the
       eligibility criteria for extension/renewal of the autonomous status,
       it is only a ministerial act which is required to be carried out by
       the University to issue the Notification for grant of extension/
       renewal of the autonomous status - Furthermore, decision of
 G     JBIMS to apply for extension of its autonomous status was taken
       by its Board of Management well before the admissions process
       for the MMS Course commenced for the academic year 2019-2020
       - However, there was some delay on the part of JBIMS and the
       University, to process the Application for extension which led to
       uncertainty regarding its continued autonomous Status - Thus, it
 H
                                      1030
               ROHAN VIRANI & ORS. v. STATE                            1031
                 OF MAHARASHTRA & ORS.

is directed that for the current academic year 2019-2020,              A
admissions would be made as per the judgment of the High Court
- Issuance of direction to Directorate of Technical Education and
CET-Cell to conduct the admissions process in accordance with the
ranking of the students as per the Merit List, by treating JBIMS
as an Autonomous Department of the University - Maharashtra            B
Public Universities Act, 2016 - s. 122.
      Disposing of the appeal, the Court
      HELD: 1.1 Jamnalal Bajaj Institute of Management
Studies-JBIMS is a Department of the University of Mumbai,
and was granted autonomous status by the University itself.            C
JBIMS is not an affiliated college, nor a constituent college of
the University. As per the University of Mumbai and JBIMS,
autonomy was conferred by the University in accordance with
the provisions of Maharashtra University Act, 1994. [Para 11.1]
[1047-B-F]                                                             D
      1.2 The UGC in its detailed written and oral submissions
has expressly stated that JBIMS being a Department of the
University of Mumbai, was not required to apply for autonomous
status under the UGC 2018 Regulations. The 2018 Regulations
were applicable to Colleges/ Institutions affiliated to Universities   E
in the country seeking conferment of “Autonomous College
Status”. It was submitted that JBIMS is not an affiliated college,
nor a constituent college, but a department of the University of
Mumbai. The approval of the UGC is not required if a University
Department applies to the University, for grant of autonomous          F
status under Section 122 of the Maharashtra Public Universities
Act, 2016. [Para 11.2] [1047-G-H; 1048-A]
      1.3 JBIMS had informed the Directorate of Technical
Education vide letter dated 18.02.2019 that pursuant to the
decision taken in the meeting of the Board of Management held          G
on 15.02.2019, it was finalizing the admission procedure for the
MMS course for the academic year 2019-2020. It was requested
that JBIMS should not be included in the CET process. JBIMS
informed the Directorate of Technical Education that since it was
a Department of the University of Mumbai, it was awaiting to           H
1032           SUPREME COURT REPORTS                     [2019] 11 S.C.R.


 A     receive the extension of its autonomous status from the
       University of Mumbai. [Para 11.3] [1048-B-C]
             1.4 The autonomous status conferred on JBIMS was
       granted with effect from 11.07.2014 to 11.07.2019. It was during
       the subsistence of the autonomous status, that the Directorate
 B     of Technical Education and the CET-Cell on 01.07.2019, had
       shown the status of JBIMS to be non-autonomous. As a
       consequence, the entire seat matrix for admission to the post-
       graduate courses in JBIMS underwent a complete change. As
       per the seat matrix published, 70% seats would now be allocated
 C     to the University of Mumbai, to the exclusion of all other
       universities in the State of Maharashtra. The remaining 15% to
       other Universities; and the balance 15% for the All-India Quota.
       In the said circumstances, since the application for extension
       was under consideration, the Directorate of Technical Education
       and the CET-Cell were not justified in treating JBIMS as a Non-
 D
       Autonomous Institute for the current academic year 2019-20.
       [Para 11.4] [1048-D-F]
             1.5 The autonomous status granted to JBIMS has not been
       revoked, or surrendered. The application for extension was made
       by JBIMS pursuant to the permission granted by the Vice
 E
       Chancellor of the University of Mumbai. The application for
       extension is stated to be under active consideration. Since
       JBIMS had continued to fulfill the eligibility criteria for
       extension/renewal of the autonomous status, it is only a
       ministerial act which is required to be carried out by the
 F     University to issue the Notification for grant of extension/renewal
       of the autonomous status. [Para 11.5] [1048-G-H; 1049-A]
             1.6 Even during the previous academic year i.e. 2018-19,
       the Directorate of Technical Education had issued a Notification,
       whereby it amended the Information Brochure, and allocated
 G     100% seats in JBIMS to the Maharashtra State quota. This
       Notification came to be challenged by a student from the All
       India Quota in the case of Mayuri Umesh Munde v. Directorate
       of Technical Education & Ors. Case wherein the Bombay High
       Court held that the 100% reservation in favour of candidates
 H     from the State was illegal and impermissible. The High Court
               ROHAN VIRANI & ORS. v. STATE                            1033
                 OF MAHARASHTRA & ORS.

noted that during the preceding years, the State of Maharashtra        A
had consistently allocated 85% seats in Autonomous Institutes
to candidates from all Universities in the State of Maharashtra,
and 15% seats to candidates from the All India Quota. The High
Court held that JBIMS being a premier institution, and one of
the top management colleges in the country, was being deprived         B
of bright meritorious students from all over the country. This
was a great national loss, and would undermine the status of an
institution of national stature. This judgment was not challenged
any further, and attained finality. [Para 11.6] [1049-B-E]

      Mayuri Umesh Munde v. Directorate of the Techical                C
      Education & Ors. [W.P. (L) No. 2342/2018 decided
      on 27.07.2018 - referred to.

      1.7 Section 122 of the Maharashtra Public Universities Act,
2016 provides that a University Department, institution, affiliated
                                                                       D
college, or recognized institution may apply to the University for
grant of autonomous status. As per sub-section (1) of Section
122, the Management Council, on the recommendation of the
Academic Council, may confer the autonomous status. Section
122 of the 2016 Act clearly indicate that it is the University which
is empowered to grant autonomous status to its Departments.            E
Statute 604 of the University of Mumbai empowers the
University to grant autonomous status initially for a period of 5
years, and then to extend it for a further period of 5 years,
subject to the procedure prescribed in Statutes 598 and 600. The
Application for extension of autonomous status has accordingly         F
been made by JBIMS as a Department of the University, which
is pending consideration before the University. [Para 11.7]
[1049-H; 1050-A; 1051-A-C]

      1.8 The decision of JBIMS to apply for extension of its
autonomous status was taken by its Board of Management on              G
15.02.2019, well before the admissions process for the MMS
Course commenced for the academic year 2019-2020.
Accordingly, the Directorate of Technical Education was
requested not to include JBIMS in the said process. JBIMS
after some delay, had addressed a letter dated 25.05.2019 to the       H
1034           SUPREME COURT REPORTS                    [2019] 11 S.C.R.


 A     Vice Chancellor of the University for extension of its
       autonomous status, which was followed up by letters dated
       27.06.2019 and 28.06.2019. There was some delay on the part
       of JBIMS and the University, to process the Application for
       extension which led to uncertainty regarding its continued
 B     Autonomous Status. However the meritorious students who have
       secured higher marks in the CET Examination should not be
       denied admission, in view of the uncertainty which occurred. It
       would be unjust and unfair to the meritorious Respondent-
       Students. Admittedly, JBIMS has enjoyed autonomous status for
       the last 5 years, whereby Home University students and students
 C
       from the State of Maharashtra being covered by the 85% State
       quota, had an equal opportunity to compete for admission. It
       would harm JBIMS as an institution of national repute, and cause
       disillusionment and resentment amongst the meritorious
       students, if the admissions are not made on the basis of merit
 D     in the CET. Thus, it is directed that for the current academic
       year 2019-2020, admissions would be made as per the Judgment
       of the High Court. The Directorate of Technical Education and
       the CET-Cell are directed to conduct the admissions process
       in accordance with the ranking of the students as per the Merit
 E     List published by CET-Cell, by treating JBIMS as an
       Autonomous Department of the University of Mumbai. [Para 12,
       13] [1051-C-H; 1052-A]
             CIVIL APPELLATE JURISDICTION : Civil Appeal No. 6753
       of 2019.
 F
             From the Judgment and Order dated 25.07.2019 of the High
       Court of Judicature at Bombay in Writ Petition Stamp No. 20304 of
       2019.
            Maninder Singh, Sr. Adv. (Amicus Curiae)
 G            C. U. Singh, Sr. Adv., Aayush Agarwala, Pramod B. Agarwala,
       Satish B. Talekare, Atul Babasaheb Dakh, Navin Prakash, Prasenjit
       Keswani, Upmanyu Tewari, Ms. Gurnoor Kaur, Nishant R.
       Katneshwarkar, Apoorv Kurup, Prabhas Bajaj, Sunil Fernandes,
       Ms. Priyansh Indra Sharma, Ms. Nupur Kumar, Zeeshan Diwan, Advs.
 H     for the appearing parties.
                ROHAN VIRANI & ORS. v. STATE                              1035
                  OF MAHARASHTRA & ORS.

      The Judgment of the Court was delivered by                          A
      INDU MALHOTRA, J.
      Leave granted.
      1. The present Civil Appeal has been filed by a batch of students
from University of Mumbai to challenge the Judgement and Order dated      B
25.07.2019 passed by a division bench of the Bombay High Court in
Writ Petition (ST) No. 20304 of 2019.
      The issue which arises is with respect to admission to the Post
Graduate courses of MBA/MMS in the Jamnalal Bajaj Institute of
Management Studies ("JBIMS") for the current academic year 2019-          C
2020. The contest is based on the issue whether JBIMS is to be treated
as an autonomous or non-autonomous Department of the University
of Mumbai for the current academic year.
       2. JBIMS was established in 1965 as a Department of the
University of Mumbai, and is one of the most prestigious and oldest       D
institutions for management courses in the country.
      It has consistently been ranked amongst the top 10 business
schools in India. JBIMS is well known for its distinguished and
professional faculty members, including representatives from industry
and academia.
                                                                          E
      2.1. The University of Mumbai vide letter dated 11.07.2014,
granted autonomous status to JBIMS for a period of five years from
the academic year 2014-2015 to 2018-2019.
      A perusal of the letter dated 11.07.2014, shows that the
Academic Council vide Resolution dated 07.06.2014, and the                F
Management Council of the University of Mumbai vide Resolution dated
07.06.2014, resolved to confer autonomous status on JBIMS.
      The autonomous status was granted for a period of 5 years from
the academic year 2014-15 to 2018-19.
      2.2. For the academic years 2014-2015, 2015-2016, 2016-2017,        G
and 2017-2018, admissions to the MBA and MMS Courses in JBIMS
was conducted as an Autonomous PG Department of the University
of Mumbai.
     The autonomy granted to JBIMS from 2014-2015 to 2018-2019
was not challenged by any party.                                          H
1036            SUPREME COURT REPORTS                        [2019] 11 S.C.R.


 A            As a consequence, 85% seats were filled up from all universities
       in the State of Maharashtra on the basis of merit, while 15% were filled
       up from the all India quota merit list.
             2.3. As per Section 122 (4) of the Maharashtra Public
       Universities Act, 2016, Autonomous Colleges/University Departments
 B     may prescribe their own courses of study, evolve their own teaching
       methods and conduct examinations and tests for their students, and
       recommend the award of degrees, and diplomas to the University as
       per the procedure prescribed in the Statutes.
              2.4. During the academic year 2018-2019, the Directorate of
 C     Technical Education issued a Notification whereby 100% seats in JBIMS
       were allocated to the students from the State of Maharashtra, and
       thereby wiped out the 15% all India quota in entirety. The Bombay High
       Court in Mayuri Umesh Munde v. Directorate of the Technical
       Education & Ors. [W.P. (L) No. 2342 /2018 decided on 27.07.2018]
       held the 100% State quota to be illegal and impermissible.
 D
             2.5. The JBIMS vide letter dated 18.02.2019 addressed to the
       Directorate of Technical Education, Maharashtra, informed the
       Directorate that JBIMS was an autonomous department of the
       University of Mumbai. A decision was taken by the Board of
       Management on 15.02.2019, that JBIMS would process its own
 E     admission program for the MMS course for the ensuing academic year
       2019-2020. The Directorate was requested not to include JBIMS in the
       CET process, and further informed that the procedure for admission
       and the timelines being followed would be intimated in due course.
            A separate letter dated 18.02.2019 was addressed to the
 F     Admission Regulatory Authority (CET-Cell) to the same effect.
              2.6. The JBIMS addressed a letter dated 25.05.2019 to the Vice
       Chancellor of the University of Mumbai, for extension of its autonomous
       status.
             Further letters dated 27.06.2019 and 28.06.2019 were written to
 G     the Vice Chancellor for extension of autonomy for the next five-year
       period.
             2.7. For the academic year 2019-2020, a confusion occurred
       about the status of JBIMS since the autonomous status granted by the
       University of Mumbai was for a period of five years i.e. from 2014 to
 H     2019.
          ROHAN VIRANI & ORS. v. STATE OF                                 1037
       MAHARASHTRA & ORS. [INDU MALHOTRA, J.]

       2.8. The Combined Entrance Test, was conducted by the CET-         A
Cell, Maharashtra, for the current academic year on 09/10.03.2019. The
results were declared on 30.03.2019.
      2.9. The State of Maharashtra vide G.R. dated 04.06.2019
followed by the Information Brochure dated 29.06.2019, set out the seat
matrix for autonomous institutes, and non-autonomous institutes and       B
University Departments as follows :-
      Autonomous                   : 85% State Level
      Non-Autonomous &            :   70% for Home University
      University Department           15% for Other Universities          C
       2.10. On 01.07.2019, the Directorate of Technical Education
published information on its website showing the status of JBIMS as
non-autonomous. As a consequence, out of a total of 120 seats in
JBIMS, 79 were to be allocated to the Home University i.e. University
of Mumbai in all categories; 17 seats were to be allocated to Outside     D
Home Universities (OHU); and 5 seats were to be allocated to Persons
with Disabilities (PWD). The balance 18 seats constituted 15% of the
total number of seats left as the All India Quota.
      2.11. JBIMS vide letter dated 09.07.2019, informed the Director
of Technical Education, Maharashtra that JBIMS is a department of         E
the University of Mumbai. The University itself is an autonomous body,
and can grant autonomy to its own departments. The Application for
extension of autonomy had been made before the Vice Chancellor. The
Vice Chancellor of the University had permitted JBIMS to apply and
get the process of extension of autonomy started. The extension of
                                                                          F
autonomy was expected to be received in due course.
       2.12. On 17.07.2019 the CET-Cell, Maharashtra published the
Allotment List for students, including JBIMS. In CAP Round 1,
admissions were done on the basis of JBIMS being a Non-Autonomous
Institute.
                                                                          G
      2.13. The Appellants herein are students from the University of
Mumbai, who secured admission in JBIMS on the basis of the Seat
Allocation made in CAP Round 1.
       2.14. On 18.07.2019, Writ Petition bearing No. 20304/2019 was
filed by Respondent Nos. 7 to 15 herein, who are students from Other      H
1038            SUPREME COURT REPORTS                       [2019] 11 S.C.R.


 A     Universities in the State of Maharashtra, to challenge the admissions
       made to JBIMS by treating it as a Non-Autonomous Institute.
             The Writ Petitioners inter alia contended that they had secured
       higher ranks on merit in the Common Entrance Test. However, the
       admissions were conducted on the basis of JBIMS being a Non-
 B     Autonomous Institute, and the Writ Petitioners were not able to secure
       admission, since 70% of the seats in JBIMS were allocated to students
       from the Home University i.e. the University of Mumbai. Had JBIMS
       been treated as an Autonomous Institute for the current academic year,
       then 85% seats would have been filled up by candidates from all
 C     universities across the State on the basis of merit in the Common
       Entrance Test.
             The Writ Petitioners inter alia prayed for a direction to the
       respondents to initiate and complete the process of extension of the
       autonomous status of JBIMS by following the procedure prescribed
 D     under Statutes No. 593 to 642 framed by the University of Mumbai;
       quash the Allotment List dated 17.07.2019; grant an interim injunction
       to restrain the CET-Cell, Maharashtra from carrying on with the
       admission process.
             2.15. Given the urgency of the matter, a division bench of the
 E     Bombay High Court took up the matter for final hearing and passed
       the impugned judgment on 25.07.2019.
            It may be noted that the University Grants Commission ("UGC")
       was not served, and was not represented before the High Court.
             The Appellants herein have raised a serious grievance that even
 F     though their names were contained in the Allotment List dated
       17.07.2019, they were neither impleaded in the Writ Petition, nor was
       notice issued to them by the High Court.
             2.16. The High Court vide Impugned Judgment and Order dated
       25.07.2019, allowed the Writ Petition, and directed that the admissions
 G     process be re-conducted by treating JBIMS as an Autonomous Institute.
              The High Court recorded in para 42 of the impugned judgment
       that the Advocate General for Maharashtra did not dispute that the
       University of Mumbai had the power to confer autonomous status on
       JBIMS. As per Section 122 of the Maharashtra Public Universities Act,
 H     2016, a University Department or Institution, affiliated college, or
          ROHAN VIRANI & ORS. v. STATE OF                                1039
       MAHARASHTRA & ORS. [INDU MALHOTRA, J.]

recognized institution could apply to the University for grant of        A
autonomous status. Autonomy was not granted by the State
Government, but by the University.
      The High Court further held that JBIMS continued to be an
Autonomous Institute, since its Application for extension of autonomy
was pending approval before the University. The Vice Chancellor of       B
the University had permitted JBIMS to apply for extension, and get the
process commenced. As a consequence, the status of autonomy of
JBIMS was neither surrendered, nor was it revoked.
      In this backdrop, the State Government and the Directorate of
Technical Education could not have proceeded on the premise that the     C
autonomous status of JBIMS had automatically come to an end on
11.07.2019. The presumption of the State that JBIMS is a Non-
Autonomous Institute was held to be unsustainable.
      The High Court further held that the status of JBIMS remained
unaltered, and that JBIMS had not lost its autonomy. In these
                                                                         D
circumstances, the modification brought about by the Directorate of
Technical Education by showing the status of JBIMS as non-
autonomous was set aside.
     It was directed that the entire admissions process be re-
conducted by treating JBIMS as an Autonomous Institute.
                                                                         E
       3. The Appellants herein are 39 students who filed the Special
Leave Petition against the aforesaid Judgment dated 25.07.2019 seeking
special leave to appeal, since they were not impleaded before the High
Court. These Appellants come from the University of Mumbai, and are
seeking admission on the basis of JBIMS being a non-autonomous
Institute.                                                               F
      On 14.08.2019, this Court issued Notice to all the Respondents,
and directed that status quo be maintained in the meanwhile. The
matter was posted for final hearing on 28.08.2019.
       4. The matter was taken up for final hearing on 28.08.2019. The
                                                                         G
Appellant-Students were represented by Mr. C.U. Singh, Sr. Adv., the
State of Maharashtra was represented by Mr. Prasenjit Keswani, Adv.,
the Respondent-Students [original Writ Petitioners] were represented
by Mr. S.B. Talekar, Adv., the University of Mumbai and JBIMS were
represented by Mr. Sunil Fernandes, Adv., and the UGC was
represented by Mr. Apoorv Kurup, Adv.                                    H
1040                SUPREME COURT REPORTS                        [2019] 11 S.C.R.


 A          The Court appointed Mr. Maninder Singh, Sr. Adv. to appear as
       amicus curiae and assist the Court.
              5. We have heard the learned counsel for all the parties, perused
       the material on record, and the written submissions filed by all the
       parties, including the learned amicus curiae.
 B
                 6. It was submitted inter alia on behalf of the Appellant-Students
       that :-
              6.1. The impugned judgment has been passed after the Appellants
       had obtained admission. The Allotment List was published on 17.07.2019
 C     i.e. prior to the filing of the Writ Petition. Hence, there was no
       justification for not impleading them in the Writ Petition, even though
       they were most vitally affected by the outcome of the proceedings. The
       impugned judgment being ex parte qua them, was liable to be set aside
       on this ground alone.

 D            6.2. The impugned judgment was passed without issuing Notice
       to the UGC, even though it was joined as a party respondent in the
       Writ Petition. Representation by the UGC was necessary to determine
       the issues raised in the Writ Petition, since it is the case of the Appellants
       that concurrence of the UGC was mandatory for grant of autonomous
       status.
 E
             The High Court decided the case with undue haste, without
       granting a hearing to the necessary parties i.e. the Appellant-Students
       who had already secured admission, and the UGC.
              6.3. The autonomous status conferred by the University was
 F     invalid, since the procedure prescribed by law had not been fulfilled.
       The University Statutes apply to colleges as well as university
       departments. Statutes No. 593 to 642 passed by the Senate of the
       University of Mumbai in its Special Meeting held on 04.12.2001 pertain
       to grant of autonomous status to Affiliated College/University
 G     Department/University Institution.
              6.4. The Appellants submitted that the Statutes No. 593 to 642
       of the University of Mumbai for grant of autonomous status to Affiliated
       College/Recognized Institution/University Department/University
       Institution, passed by the Senate on 04.12.2001, would be applicable to
 H     JBIMS as well.
          ROHAN VIRANI & ORS. v. STATE OF                                 1041
       MAHARASHTRA & ORS. [INDU MALHOTRA, J.]

      As per Statute No. 595, the College/Recognized Institution/         A
University Department/University Institution desirous of having
autonomous status shall apply to the Registrar of the University.
        The Board of College and University Department should
constitute a Committee to scrutinize the Applications received. The
Report of the Scrutiny Committee shall be placed before the Board for     B
its consideration. After careful consideration of the Report, the Board
shall recommend the case of such College/Recognized Institution/
University Department/University Institution to the Academic Council
for its consideration.
      As per Statute No. 597, the Academic Council, after considering     C
the recommendations of the Board of College and University
Department shall constitute the Local Inquiry Committee, which would
comprise of a five-member committee, including one nominee of the
UGC.
       The Report of the Local Inquiry Committee shall be placed before   D
the Academic Council for its consideration. After careful consideration
of the Report, the Academic Council shall recommend the same to the
Management Council.
       The Management Council shall consider the Report of the Local
Inquiry Committee, and the recommendations of the Academic Council,       E
and thereafter take its decision whether autonomous status be conferred
on the applicant College/Recognized Institution/University Department/
University Institution, or whether the Application be rejected.
       The Statutes of the University of Mumbai require a
recommendation from the State Government; the concurrence from the        F
UGC; and publication of a Notification by the University of Mumbai
notifying the conferment of autonomous status.
       However, none of these requirements had been fulfilled in the
present case. This would be apparent from the fact that JBIMS was
not included in the Annual List of Autonomous Colleges published by       G
the UGC.
      6.5. JBIMS was granted autonomy for a period of five academic
years from 2014-15 to 2018-19 by the University. Hence, even if it is
assumed that the autonomous status of JBIMS was validly granted in
2014, it was certainly not applicable for the academic year 2019-20.      H
1042            SUPREME COURT REPORTS                        [2019] 11 S.C.R.


 A            6.6. It was further submitted that there is no provision for a
       deemed extension of the autonomous status of an institute. Regulation
       7.10 of the 2018 UGC Regulations will apply only if an Application in
       the prescribed format under Regulation 7.8, has been made to the UGC,
       at least 6 months prior to the expiry of the autonomy cycle.
 B            6.7. The Maharashtra Unaided Private Professional Educational
       Institutions (Regulation of Admissions to Full Time Professional
       Undergraduate Technical Courses) Rules, 2017 were made specifically
       applicable to, and adopted for Government aided/non-aided institutions
       and University Departments vide G.R. dated 25.04.2017.
 C           The G.R. dated 25.04.2017 prescribed the seat matrix for
       admissions, which was further amended vide the G.R. dated 04.06.2019.
              6.8. It was submitted that even if there was some ambiguity with
       regard to the definitions of "Autonomous Institutes" and "Non-
       Autonomous Institutes" for the applicability of this statutory regime to
 D     JBIMS, the Information Brochure dated 29.06.2019 put all doubts to
       rest, and conclusively answered this issue.
             The Information Brochure dated 29.06.2019 is admittedly the
       document on the basis of which both the Writ Petitioners (Respondent
       Nos. 7 to 15 herein) and the present Appellants have applied for
 E     admission.
             The said Information Brochure sets out the manner in which the
       Admissions Act, 2015 and the Rules of 2017 are to be applied. It sets
       out the definition of an "Autonomous Institution" as an institution to
       which autonomy is granted by the UGC.
 F
            The Writ Petitioners have neither challenged the Information
       Brochure, nor the G.R. dated 25.04.2017.
              6.9. It was further submitted that even if it is conceded that
       JBIMS can be treated as a University Department, for which the
 G     concurrence of the UGC is not required, even then the seat matrix
       applicable to JBIMS will remain the same, since the seat matrix
       applicable to a non-autonomous institution and a university department
       is the same.
              7. The stand taken by the State of Maharashtra was similar to
 H     that of the Appellants.
          ROHAN VIRANI & ORS. v. STATE OF                                  1043
       MAHARASHTRA & ORS. [INDU MALHOTRA, J.]

     7.1. It was submitted that the concurrence of the UGC is              A
mandatory for grant of autonomous status to an educational institution.
       7.2. It was further submitted that the Directorate of Technical
Education vide letter dated 19.01.2019 had informed JBIMS that it is
not included in the list of autonomous colleges published by the UGC.
      JBIMS was asked to furnish proof of having been granted              B
autonomy after the concurrence of the UGC, but JBIMS failed to do
so.
       7.3. It was further submitted that if the admissions process is
re-conducted by treating JBIMS as an autonomous institute, then it will
lead to complications in the entire admissions process throughout the      C
State.
      8. The Respondent - Students, JBIMS, and the University of
Mumbai took the same stand that admissions to the current academic
year 2019-2020 ought to be carried out on the basis that JBIMS is an
Autonomous Department of the University of Mumbai.                         D
      8.1. It was submitted that JBIMS is admittedly a Department of
the University of Mumbai. Since the University of Mumbai itself is
autonomous, it does not require the concurrence of the UGC for granting
autonomous status to one of its own Departments.
      8.2. The source of its autonomy was on the basis of conferment       E
by the University of Mumbai, which was granted vide letter dated
11.07.2014 bearing Reference No. APD/523/169/2014. The autonomy
was granted pursuant to the Resolution dated 07.06.2014 passed by the
Academic Council, and the Resolution dated 07.07.2014 passed by the
Management Council. The decision of the University of Mumbai to
confer autonomous status to JBIMS was not challenged by any party.         F
      8.3. It was further submitted that the UGC Regulations published
on 12.02.2018 are applicable only to Colleges and Affiliated Institutes,
and have no application to University Departments, such as JBIMS.
       8.4. It was further submitted that 3 other Departments of the
University of Mumbai viz. Physics, Chemistry, and Economics were           G
granted autonomous status by the University almost a decade ago. Their
autonomous status is continuing till date, and has never been questioned
either by the State Government, or the UGC.
      8.5. It was further submitted that the List of Autonomous
Colleges published by the UGC annually, includes only Colleges, and        H
1044            SUPREME COURT REPORTS                        [2019] 11 S.C.R.


 A     not University Departments. The non-inclusion of JBIMS from the said
       list has no significance.
             8.6. The autonomous status of JBIMS granted on 11.07.2014 till
       2019, has neither been surrendered, nor revoked.
              Pursuant to the permission granted by the Vice Chancellor to
 B
       apply, and get the process of autonomy started, JBIMS has submitted
       its Application. The Application is under active consideration of the
       University.
               9. The UGC was represented by counsel before this Court, and
       filed detailed written submissions before the Court. It was submitted
 C
       that :-
             9.1. The UGC had initially made “Guidelines for Autonomous
                  Colleges during the XIIth Plan Period (2012 - 2017)” which
                  in para 3 had made it clear that only “Colleges” were eligible
                  to apply for autonomous status.
 D
             9.2. These guidelines were replaced by the “UGC Guidelines for
                  Autonomous Colleges, 2017” which also were applicable
                  only to “Colleges”. Clause 6 of the 2017 Guidelines provides
                  the condition of eligibility, wherein it is stated that:
 E           “All Colleges (of any discipline) under Section 2(f) of the
             UGC Act whether aided, partially aided and unaided/self-
             financing are eligible to apply for autonomous status.”
            9.3. The UGC promulgated the 2018 Regulations which in
       Regulation 1.2, state that:
 F
             “These Regulations shall apply to all Colleges/Institutions
             which are affiliated to, or are constituent colleges of
             Universities in the country seeking the conferment of
             Autonomous College Status.”

 G           Regulation 6 states as follows :
             “Colleges (of any discipline) whether aided, partially aided
             and unaided/self-financing are eligible provided they are
             under Section 2(f) of the UGC Act.”
              Upon grant of Autonomous College Status, the concerned
 H     institution would be entitled to the benefits stipulated in Regulation 3.
          ROHAN VIRANI & ORS. v. STATE OF                                    1045
       MAHARASHTRA & ORS. [INDU MALHOTRA, J.]

       The term "College" which is defined in Regulation 2.4, cannot         A
be interpreted to include a "Department" of the Parent University, since
a "Parent University" is defined under Regulation 2.9 as follows :
      “The University to which the college concerned is affiliated,
      or of which the college concerned is a constituent.”
                                                                             B
       A Department of the University is neither affiliated to, nor a
constituent of that University, and it is not required to apply to the UGC
for autonomous status in terms of the University's Statutes, since
Universities are by their very nature, autonomous/independent institutions
of higher education.
                                                                             C
      9.4. The 2018 Regulations are applicable only to Colleges to apply
for autonomous status.
      9.5. The UGC expressly took the view that JBIMS is admittedly
neither an affiliated college, nor a constituent college, but a Department
of the University of Mumbai. A Department of the University of
                                                                             D
Mumbai is not required to apply for autonomous status under the UGC
Regulations.
      It was further submitted that JBIMS is a Department of the
University of Mumbai, and is not required to apply for autonomous status
under the UGC Regulations. For grant of autonomous status to a
                                                                             E
Department of the University, Section 122 of the Maharashtra Public
Universities Act, 2016 provides that the University Department may
apply to the University for grant of autonomous status. The
Management Council on the recommendation of the Academic Council
may confer the autonomous status.
                                                                             F
       The Maharashtra Public Universities Act, 2016 itself makes a
distinction between a "College" and a “Department”.
       10. Mr. Maninder Singh, Sr. Adv., the learned amicus curiae
inter alia submitted that :-
      10.1. The autonomy envisaged under Section 2(5) of the                 G
Maharashtra Public Universities Act, 2016 is completely different from
the autonomy envisaged under the Regulations framed by the UGC.
     The UGC (Conferment of Autonomous Status upon Colleges and
Measures for Maintenance of Standards in Autonomous Colleges)
Regulations, 2018 (“2018 UGC Regulations”) are applicable only to            H
1046             SUPREME COURT REPORTS                          [2019] 11 S.C.R.


 A     colleges, and not to Departments of the University. This would be
       evident from the various clauses in the 2018 UGC Regulations. The
       Preamble to the Regulations states that the Regulations have been
       promulgating college autonomy. Clause 1.2. of the Regulations states
       that the Regulations shall apply to all Colleges/ Institutions which are
       affiliated to, or are constituent colleges of Universities in the country
 B
       seeking conferment of Autonomous College status.
             The definition of "College" under Clause 2.4 of the 2018 UGC
       Regulations, when read with the definition of "Parent University" under
       Clause 2.9, makes it abundantly clear that the 2018 UGC Regulations
       apply only to affiliated or constituent colleges, and not to University
 C
       Departments.
              The phrase "autonomous college" is employed in other provisions
       of the 2018 UGC Regulations, such as in Clauses 2.1, 2.3, 2.6 and 2.7.
       The privileges granted to an autonomous college are covered by Clause
       3 of the Regulations. Throughout the Regulations, reference is made
 D
       to an "autonomous college", and not to a University Department.
             Clause 6 of the 2018 UGC Regulations contains the eligibility
       clause, which refers only to colleges, whether aided, partially aided, or
       un-aided/self-financing, provided they fall under Section 2 (f) of the UGC
       Act.
 E
             It was therefore, submitted that since JBIMS was not a College,
       nor an Institution affiliated to, nor a constituent of the University, the
       2018 UGC Regulations were not applicable to it.
             The 2018 UGC Regulations cannot be made applicable to
 F     University Departments, since the University itself is independent/
       autonomous in its functioning, and therefore there is nothing that prohibits
       a University from granting autonomy to one of its own Departments.
             10.2. It was further submitted that the G.R. dated 04.06.2019,
       when it uses the word “Autonomous” would mean the status of
 G     autonomy granted by the University of Mumbai under the 1994 Act,
       and thereafter the 2016 Act.
             10.3. Admission to prestigious educational institutions such as
       JBIMS must be granted on merit. If JBIMS is treated as a non-
       autonomous institute, and 70% of the seats are reserved for the Home
 H     University, then it would vitiate the principle of supremacy of merit.
          ROHAN VIRANI & ORS. v. STATE OF                                     1047
       MAHARASHTRA & ORS. [INDU MALHOTRA, J.]

      On the other hand, if JBIMS is treated as an autonomous institute,      A
85% of the seats would be open for meritorious students from all
universities in the State of Maharashtra.
       11. We have carefully perused the written submissions made by
all the parties, and heard the oral submissions made by their respective
counsel, including the learned amicus curiae.                                 B
      11.1. The admitted position is that JBIMS is a Department of
the University of Mumbai, and was granted autonomous status by the
University itself. JBIMS is not an affiliated college, nor a constituent
college of the University.
                                                                              C
       This position has been accepted by all parties, including the State.
In para 23 of the impugned judgment, the High Court has recorded the
submission of the Advocate General for the State of Maharashtra about
the status of JBIMS as follows :-
      “23….Then, Mr. Kumbhakoni was at pains to tell us about                 D
      the status of JBIMS. He would submit that we must not forget
      that JBIMS is a department of University. The University has
      appointed the staff and the University has sanctioned the
      budget of JBIMS. It is not an affiliated college, but a college
      conducted by the University. It is not even a constituent
      college. Mr. Kumbhakoni would submit that the autonomy in               E
      this case is not granted by the UGC, but by the University
      of Mumbai….”
                                                     (emphasis supplied)
      As per the University of Mumbai and JBIMS, autonomy was                 F
conferred by the University in accordance with the provisions of
Maharashtra University Act, 1994.
      11.2. The UGC in its detailed written and oral submissions has
expressly stated that JBIMS being a Department of the University of
Mumbai, was not required to apply for autonomous status under the             G
UGC 2018 Regulations. The 2018 Regulations were applicable to
Colleges/ Institutions affiliated to Universities in the country seeking
conferment of “Autonomous College Status”.
       It was submitted that JBIMS is not an affiliated college, nor a
constituent college, but a department of the University of Mumbai. The        H
1048            SUPREME COURT REPORTS                         [2019] 11 S.C.R.


 A     approval of the UGC is not required if a University Department applies
       to the University, for grant of autonomous status under Section 122 of
       the Maharashtra Public Universities Act, 2016.
              11.3. JBIMS had informed the Directorate of Technical Education
       vide letter dated 18.02.2019 that pursuant to the decision taken in the
 B     meeting of the Board of Management held on 15.02.2019, it was
       finalizing the admission procedure for the MMS course for the academic
       year 2019-2020. It was requested that JBIMS should not be included
       in the CET process.
             JBIMS informed the Directorate of Technical Education that since
 C
       it was a Department of the University of Mumbai, it was awaiting to
       receive the extension of its autonomous status from the University of
       Mumbai.
              11.4. The autonomous status conferred on JBIMS was granted
 D     with effect from 11.07.2014 to 11.07.2019. It was during the subsistence
       of the autonomous status, that the Directorate of Technical Education
       and the CET-Cell on 01.07.2019, had shown the status of JBIMS to
       be non-autonomous.
             As a consequence, the entire seat matrix for admission to the
 E     post-graduate courses in JBIMS underwent a complete change. As per
       the seat matrix published, 70% seats would now be allocated to the
       University of Mumbai, to the exclusion of all other universities in the
       State of Maharashtra. The remaining 15% to other Universities; and
       the balance 15% for the All-India Quota.
 F
            In the aforesaid circumstances, since the application for extension
       was under consideration, the Directorate of Technical Education and
       the CET-Cell were not justified in treating JBIMS as a Non-
       Autonomous Institute for the current academic year 2019-20.

 G           11.5. It is the admitted position that the autonomous status granted
       to JBIMS has not been revoked, or surrendered.
             The application for extension was made by JBIMS pursuant to
       the permission granted by the Vice Chancellor of the University of
       Mumbai. The application for extension is stated to be under active
 H     consideration.
          ROHAN VIRANI & ORS. v. STATE OF                                     1049
       MAHARASHTRA & ORS. [INDU MALHOTRA, J.]

      Since JBIMS had continued to fulfill the eligibility criteria for       A
extension/renewal of the autonomous status, it is only a ministerial act
which is required to be carried out by the University to issue the
Notification for grant of extension/renewal of the autonomous status.
       11.6. It is relevant to note that even during the previous academic
year i.e. 2018-19, the Directorate of Technical Education had issued a        B
Notification, whereby it amended the Information Brochure, and
allocated 100% seats in JBIMS to the Maharashtra State quota.
       This Notification came to be challenged by a student from the
All India Quota in the case of Mayuri Umesh Munde v. Directorate
of Technical Education & Ors. (supra), wherein the Bombay High                C
Court held that the 100% reservation in favour of candidates from the
State was illegal and impermissible. The High Court noted that during
the preceding years, the State of Maharashtra had consistently allocated
85% seats in Autonomous Institutes to candidates from all Universities
in the State of Maharashtra, and 15% seats to candidates from the All
India Quota.                                                                  D

       The High Court held that JBIMS being a premier institution, and
one of the top management colleges in the country, was being deprived
of bright meritorious students from all over the country. This was a great
national loss, and would undermine the status of an institution of national
stature.                                                                      E

        This judgment was not challenged any further, and attained
finality.
       11.7. A perusal of the provisions of the Maharashtra Public
Universities Act, 2016 provide the procedure for grant of autonomous          F
status to departments of a University.
      Section 2(5) of the Maharashtra Public Universities Act, 2016
defines "autonomy" as follows :-
      “2. (5) "autonomy" means a privilege of the university
      conferred by the Statutes to permit a college, institution or           G
      a university department to conduct academic programmes
      and examinations, develop syllabus for the respective
      subjects and issue certificates of passing the examinations;”
       Section 122 of this Act provides that a University Department,
institution, affiliated college, or recognized institution may apply to the   H
1050            SUPREME COURT REPORTS                      [2019] 11 S.C.R.


 A     University for grant of autonomous status. As per sub-section (1) of
       Section 122, the Management Council, on the recommendation of the
       Academic Council, may confer the autonomous status.
             Section 122 reads as follows: -
             “122. (1) A university department or institution, affiliated
 B
             college or recognized institution may apply to the university
             for grant of autonomous status. The Management Council
             on the recommendation of the Academic Council may confer
             the autonomous status.

 C           (2) Autonomous university department or institution or
             affiliated college or recognized institution shall function with
             the objectives of promoting academic freedom and
             scholarship on the part of teachers and students which are
             essential to the fostering and development of an intellectual
             climate conducive to the pursuit of scholarship and
 D
             excellence.
             (3) The autonomous university department or institution or
             affiliated college or recognized institution, may constitute its
             authorities or bodies and exercise the powers and perform
 E           the functions and carry out the administrative, academic and
             other activities of the university, as may be prescribed by the
             Statutes.
             (4) The autonomous university department or institution or
             affiliated college or recognized institution may prescribe its
 F           own courses of study, evolve its own teaching methods and
             hold examinations and tests for students receiving instruction
             in it, and recommend the university for award degrees,
             diplomas or certificates, after following the procedure as
             prescribed in the Statutes. The autonomous university
 G           department or institution or affiliated college or recognized
             institution shall have full academic and administrative
             autonomy subject to the provisions of this Act and Statutes
             and the guidelines issued by the University Grant
             Commission, from time to time.”

 H                                                       (emphasis supplied)
          ROHAN VIRANI & ORS. v. STATE OF                                  1051
       MAHARASHTRA & ORS. [INDU MALHOTRA, J.]

       The aforesaid provisions of the 2016 Act clearly indicate that it   A
is the University which is empowered to grant autonomous status to
its Departments.
      Statute 604 of the University of Mumbai empowers the
University to grant autonomous status initially for a period of 5 years,
and then to extend it for a further period of 5 years, subject to the      B
procedure prescribed in Statutes 598 and 600.
      The Application for extension of autonomous status has
accordingly been made by JBIMS as a Department of the University,
which is pending consideration before the University.
                                                                           C
       12. The decision of JBIMS to apply for extension of its
autonomous status was taken by its Board of Management on
15.02.2019, well before the admissions process for the MMS Course
commenced for the academic year 2019-2020. Accordingly, the
Directorate of Technical Education was requested not to include JBIMS
in the said process. JBIMS after some delay, had addressed a letter        D
dated 25.05.2019 to the Vice Chancellor of the University for extension
of its autonomous status, which was followed up by letters dated
27.06.2019 and 28.06.2019. We observe that there was some delay on
the part of JBIMS and the University, to process the Application for
extension which led to uncertainty regarding its continued Autonomous
                                                                           E
Status.
       We however feel that meritorious students who have secured
higher marks in the CET Examination should not be denied admission,
in view of the uncertainty which occurred. In our opinion, it would be
unjust and unfair to the meritorious Respondent-Students. Admittedly,
                                                                           F
JBIMS has enjoyed autonomous status for the last 5 years, whereby
Home University students and students from the State of Maharashtra
being covered by the 85% State quota, had an equal opportunity to
compete for admission. It would harm JBIMS as an institution of
national repute, and cause disillusionment and resentment amongst the
meritorious students, if the admissions are not made on the basis of       G
merit in the CET. Accordingly, we direct that for the current academic
year 2019-2020, admissions would be made as per the Judgment of the
High Court.
      13. The Directorate of Technical Education and the CET-Cell are
hereby directed to conduct the admissions process in accordance with       H
1052                SUPREME COURT REPORTS                     [2019] 11 S.C.R.


 A     the ranking of the students as per the Merit List published by CET-
       Cell, by treating JBIMS as an Autonomous Department of the University
       of Mumbai.
              It is therefore directed that the online admissions process be
       carried out within a period of 2 weeks from the date of the present
 B     Order. The candidates may be granted 1 week thereafter to take
       admission in the respective colleges thereafter.
              14. Keeping in view the various issues which have arisen for
       consideration, and since the Writ Petition was decided without calling
       for counter affidavits, we deem it appropriate to remit the matter to
 C     the High Court for determination of the issues of law pertaining to
       applicability of the 2016 Act, and the 2018 UGC Regulations. Since these
       issues were not specifically raised before the High Court, and the UGC
       was not represented, it would be appropriate for the High Court to
       consider these issues.
 D            We clarify that we have not expressed any opinion on the merits
       of the matter. The findings rendered by us are of a prima facie nature,
       in order to ensure that the admissions process for the current academic
       year 2019-2020 does not get stalled any further.
             15. We extend our gratitude to Mr. Maninder Singh, Sr. Adv. who
 E     very ably assisted this Court as amicus curiae on short notice.
               The Civil Appeal is accordingly disposed of.
            All pending Applications, if any, are accordingly disposed of.
       Ordered accordingly.

 F
       Nidhi Jain                                               Appeal disposed of




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 H