ROHAN VIRANI & ORS. versus STATE OF MAHARASHTRA & ORS.

Citation: [2019] 11 S.C.R. 1030 · Decided: 02-09-2019 · Supreme Court of India · Bench: INDU MALHOTRA · Disposal: Disposed off

Judgment (excerpt)

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SUPREME COURT REPORTS
[2019] 11 S.C.R.
ROHAN VIRANI & ORS.
v.
STATE OF MAHARASHTRA & ORS.
(Civil Appeal No. 6753 of  2019)
SEPTEMBER 02, 2019
[INDU MALHOTRA AND SANJIV KHANNA, JJ.]
Education/Educational Institutions: - Admission to Post
Graduate courses of Management Institute - Grant of autonomous
status - On facts, grant of autonomous status to Management
Institute-JBIMS for period of five years, 2014-15 to 2018-19 - As
a result, 85% seats filled up from all Universities in the State of
Maharashtra on basis of merit while 15% filled up from the all
India quota merit list - JBIMS sought extension of autonomous
status - Meanwhile, conduct of CET for current academic year -
Admissions done on the basis of JBIMS being a non-autonomous
Institute, 70% from Home Universities and 15% from other
Universities - Writ petition by respondents-students from other
Universities in the State of Maharashtra challenging admissions
made to JBIMS - Allowed by the High Court directing that the
admission process be re-conducted by treating JBIMS as an
autonomous Institute - Appeal before this Court by students seeking
admission on the basis of JBIMS being a non-autonomous Institute
- Held: Autonomous status granted to JBIMS has not been revoked,
or surrendered - 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 - Furthermore, decision of
JBIMS to apply for extension of its autonomous status was taken
by its Board of Management well before the admissions process
for the MMS Course commenced for the academic year 2019-2020
- However, 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 - Thus, it
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   [2019] 11 S.C.R. 1030
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is directed that for the current academic year 2019-2020,
admissions would be made as per the judgment of the High Court
- Issuance of direction to Directorate of Technical Education and
CET-Cell to conduct the admissions process in accordance with the
ranking of the students as per the Merit List, by treating JBIMS
as an Autonomous Department of the University - Maharashtra
Public Universities Act, 2016 - s. 122.
Disposing of the appeal, the Court
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
ROHAN VIRANI & ORS. v. STATE
OF MAHARASHTRA & ORS.
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SUPREME COURT REPORTS
[2019] 11 S.C.R.
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

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