The Madras High Court has directed the Centre to issue appropriate notification under the UGC Act by bringing the A.C.S. Medical College and Hospital here under the ambit of the Dr.MGR Educational and Research Institute (Deemed University) with retrospective effect from the academic year 2008-09, as recommended by the UGC.
Justice V. Dhanapalan gave the direction while allowing a writ petition by the Institute, which sought to quash an order of the Union Human Resources Development Ministry of August 31, 2010 and consequently direct the Centre to pass orders on the Institute’s claim for issuing an appropriate notification under Section 3 of the UGC Act by bringing the medical college under the institute’s ambit with retrospective effect.
As regards regularisation of admissions made by the college for the academic year 2009-10 and grant of renewal of permission for the academic year 2010-11, Mr.Justice Dhanapalan said he was remanding the matter to the Union government to consider afresh keeping in mind the discussions made in the present court order and issue orders within two weeks.
The Judge said the Institute challenged the Centre’s order rejecting the UGC’s recommendation, which was issued after one year delay.
In its recommendation of September 2009, the UGC after accepting the delay on its part had recommended for inclusion of the medical college under the ambit of the deemed university with effect from academic year 2008-09 retrospectively duly taking note of the admissions by the petitioner and the delay ensued in recommending the petitioner’s claim to the Centre for bringing the institution under the deemed university.
As a consequence of the impugned order, not only students admitted during 2008-09 and 2009-10 were affected in their educational career, but the renewal of permission for 2010-11 had also become impossible. Therefore, the impugned order was illegal and ultra vires the UGC Act and regulations apart from being vitiated by failure to take into account the relevant considerations coupled with lack of bona fides.
Mr.Justice Dhanapalan set aside the Union HRD ministry’s order. He said his order would be subject to the Supreme Court’s decision in Viplav Sharma’s case (Deemed Universities case.)
