The Supreme Court on Monday gave a reprieve to the 44 deemed universities (DUs) facing de-recognition on the basis of the deficiencies pointed out by the Tandon Committee, by extending the status quo order (viz., restraining the government from taking further action on the basis of the report). This would mean that these DUs would be at liberty to make admission for the academic year 2011-12.
A Bench of Justices Dalveer Bhandari and Deepak Verma also directed the Centre to reconstitute the three-member committee to examine the responses submitted by the DUs to the deficiencies pointed by the Tandon Committee.
Writ petition
The Bench passed the orders on the writ petition filed by JRN Rajasthan Vidyapeeth Deemed University challenging the three-member committee headed by Ashok Thakur to examine the responses after senior counsel Rajeev Dhavan, appearing for the petitioner, pointed out that one of the members, Sunil Kumar, had requested the government to relieve him.
Additional Solicitor-General Indira Jaising read out a brief affidavit on behalf of the Human Resource Development Ministry that the responses would be examined by the three-member committee and thereafter they would be sent to the Tandon Committee for its comments vis-à-vis the deficiencies. Thereafter each institution would be heard and orders passed.
Counsel's objection
Mr. Dhavan objected to this method contending that since the basis of the Tandon Committee's report had been questioned, the same committee should not examine the report of the expert panel, which should submit the report directly to the government. He also wanted Mr. Sunil Kumar to be replaced by another suitable person.
The Bench, in its order, said: “In our considered view, the HRD Ministry ought not to have insisted on Mr. Sunil Kumar to be a member of the committee when he himself did not want to be a member. We direct the HRD Ministry to appoint another member in the place of Mr. Sunil Kumar.”
Urgency of case
The Bench said the new committee would give a hearing to the 44 DUs and submit its report to the government. Looking at the urgency, the Bench granted six weeks for the committee to examine the responses of the DUs and four weeks thereafter for submission of the report by the committee and the recommendations on the report by the government.
Justice Bhandari made it clear to the ASG that it would be open to the government to recommend the JRN Rajasthan Vidyapeeth Deemed University for upgradation to category ‘B' (according to the Tandon Committee colleges in category B can continue to have DU status and were granted three years to rectify certain requirements) from category ‘C'. The government would then be left with only a few institutions and their cases could be taken up separately, he said.
Further orders on July 19
The Bench directed the matter for further directions on July 19 along with advocate Viplav Sharma's main writ petition, on which earlier orders were passed.
