- (1.) Board of Directors, Ewing Christian College Society, through its Secretary as well as its Principal, has approached this Court for quashing of orders dated 12.05.2010, 22.05.2010 and 25.05.2010, wherein Registrar of the University of Allahabad has informed the Principal of the College that with regard to methodology and introduction of new courses and 17 courses which the College plans to introduce, no detail syllabus has been made available to the University and the question is yet to be scrutinized by the University as per the Statutes, Ordinances and University Grant Commission norms etc., and in this background information has been sent that U.G. and P.G. courses have not been approved by the Executive Council of the University, as such admission process should not be carried out and the same shall be sole responsibility of the institution concerned.
(2.) Brief background of the case is that Ewing Christian College was originally Associate College of the University of Allahabad governed by the provisions of U.P. State Universities Act, 1973 and the First Statute framed thereunder. On 06.06.1990 with reference to Section 41 and Statute 20.01 of the Ist Statute of the State University and the concurrence of University Grant Commission, the College was conferred autonomous status for a period of five years from the academic year 1989-90. Autonomous status of the College was thereafter extended with the approval of the university Grant Commission, as per the letter dated 7th August, 1994 for a further period of five years commencing from academic session 1994-95. The period of five years expired in the year 1999-2000. Again the aforesaid status of autonomy was extended for a period of five years, i.e. academic year 1999-2000 to 2003-04. The College applied for extension of autonomous status and the Review Committee of constituted on 08.04.2005. The recommendation of the Review Committee was forwarded to the University Grant Commission, under a letter signed by the Registrar of the Allahabad University on 07.09.2005. In between, the University of Allahabad Act, 2005 (Act of 26 of 2005) received assent of the President of India on 23.06.2005 and the same was published in the gazette, with the mention that it was an Act to declare the University of Allahabad to be an institution of National Importance and the University of Allahabad being declared Central University. On account of enforcement of Act No. 26 of 2005, letter had been sent by the Registrar of the University to the University Grant Commission in February, 2006, wherein College was informed that an Expert Committee would visit the institution in respect of extension of autonomous status of the College. Thereafter, the University Grant Commission on 23.07.2007 granted extension of autonomy up to 2013 and consequential letter was also issued by the University on 08.08.2009 after getting approval thereof from the Academic Council of the University. Thus, it is writ apparent that as far as autonomy status of the institution is concerned, same is there. Petitioners submit that once autonomous status of the institution in question is there, then in order to foster the spirit of the autonomy, the institution has been vested with the authority to start new courses; and in that direction as per the guidelines issued by the University Grant Commission qua autonomous colleges full fledged procedure has been provided for, and at the first instance decision is required to be taken by the Board of Studies in the presence of the University representative and representative of the University Grant Commission and then decision of Academic Council of the College, and then report has to be submitted to the Governing Body, and then decision has to be communicated to the University for information. Petitioners submit that there is specific provision in the guidelines issued by the University Grant Commission that decision taken by the Academic Council requires no further ratification by the Academic Council or other statutory bodies of the University. In this background after the institution has been accorded the status of Autonomous College, then there is no justification on the part of the University to have not permitted the institution concerned to hold examination and make admission accordingly. At this juncture, present writ petition has been filed.
(3.) Counter affidavit has been filed by the University, taking therein precise stand that Ordinances of the University have been made in terms of Section 29(2) of the Act with the approval of the Central Government, and the same has been published in gazette on 09.02.2008, in this background once full fledged procedure has been provided then same has to be adhered to. It has been stated that Statute 31 of the University provides names of the constituent colleges and Ewing Christian College is also there at serial No. 4. Institution was conferred the privileges of autonomous status, which came to an end in the year 2004 prior to enactment of the University of Allahabad Act, 2005 with effect from 14.07.2005. Further mention has been made that Chapter XXXV deals with Ordinance qua constituent colleges and Chapter XXXVI deals with Ordinance qua autonomous status of constituent colleges, and Ordinance 2 (b) clearly provides that the constituent colleges which have been granted autonomous status shall continue to be governed by Ordinance XXXV. In this background, it has been stated that the relief which has been claimed is totally contrary to the statutory provisions.;