Rohan Virani & Ors. vs State of Maharashtra & Ors.

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. 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]

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 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 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 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 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 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 postgraduate 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. 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 NonAutonomous 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 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 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 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 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. 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. This judgment was not challenged any further, and attained finality. [Para 11.6] [1049-B-E]

Mayuri Umesh Munde v. Directorate of the Techical 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 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. 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 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 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 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 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 RespondentStudents. Admittedly, 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 merit 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 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]