INDU MALHOTRA,J. - (1.) Leave granted. The present Civil Appeal has been filed by a batch of students from University of Mumbai to challenge the Judgement and Order dated 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 20192020. 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 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. 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 20142015 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 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 201415 to 201819. 2.2. For the academic years 20142015, 20152016, 2016 2017, and 20172018, 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 20142015 to 20182019 was not challenged by any party. 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 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 20182019, the Directorate of 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 and Ors. [W.P. (L) No. 2342 /2018 decided on 27.07.2018] held the 100% State quota to be illegal and impermissible. 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 admission program for the MMS course for the ensuing academic year 20192020. 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 Admission Regulatory Authority (CETCell) 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 the Vice Chancellor for extension of autonomy for the next fiveyear period. 2.7. For the academic year 20192020, 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 2019. 2.8. The Combined Entrance Test, was conducted by the CETCell, 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 nonautonomous institutes and University Departments as follows : Autonomous : 85% State Level NonAutonomous and : 70% for Home University 15% for Other Universities University Department 2.10. On 01.07.2019, the Directorate of Technical Education published information on its website showing the status of JBIMS as nonautonomous. 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 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 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 autonomy was expected to be received in due course. 2.12. On 17.07.2019 the CETCell, Maharashtra published the Allotment List for students, including JBIMS. In CAP Round 1, admissions were done on the basis of JBIMS being a NonAutonomous Institute. 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 Universities in the State of Maharashtra, to challenge the admissions made to JBIMS by treating it as a NonAutonomous 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 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 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 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 CETCell, Maharashtra from carrying on with the admission process. 2.15. Given the urgency of the matter, a division bench of the 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 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 process be reconducted 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, 2016, a University Department or Institution, affiliated college, or recognized institution could apply to the University for grant of 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 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 autonomous status of JBIMS had automatically come to an end on 11.07.2019. The presumption of the State that JBIMS is a NonAutonomous 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 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 reconducted by treating JBIMS as an Autonomous Institute.
(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 nonautonomous Institute. 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.;