High Court dismissed writ appeals and petition challenging UGC 2010 Regulations as infructuous due to supersession by 2023 norms; directed challengers to contest new regulations.
Writ appeals and writ petition dismissed as infructuous; interim order vacated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.A.Nos.1785 of 2011 etc.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.08.2023
CORAM :
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
AND
THE HON'BLE MR.JUSTICE P.B.BALAJI
W.A.Nos.1785, 1784, 1786, 1787, 1788, 1791, 1794, 1869, 1888,
2391 of 2011
and
W.P.No.22097 of 2011
.. Appellants in WA.1785/2011
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Having its headquarters at No.5, Subbarayan Nagar Main Road Kodambakkam Chennai 600 024 rep.by its Registrar Dr.S.N.Srivastava ..
Appellant in WA.1784/2011
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.. Appellants in WA.1888/2011
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.. Appellant in WA.2391/2011
.. Petitioner in WP.22097/2011
v.
.. Respondents in WA.1785, 1787/2011
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Respondents in WA.1784/2011
.. Respondents in WA.1788/2011
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2. Government of India
Ministry of Human Resource Development Department of Higher Education 128 C Wing, Shastri Bhavan New Delhi 110 115 ..
rep. by its Secretary to Government Ministry of Human Resources Development Shastri Bhavan New Delhi
.. Respondents in WA.1869/2011
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Writ Appeals filed under Clause 15 of the Letters Patent, against the order dated 30.08.2011 made in W.P.Nos.16298, 17062, 16299, 16297 of 2010, 4856 of 2011, 16301, 16015, 19624, 16300 of 2010, 5190 of 2011, respectively.
Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Declaration, to declare that the UGC (Institutions Deemed to be Universities) Regulations 2010 to be unconstitutional and ultra vires the UGC Act consequently declare the same to be inapplicable to the petitioner University.
For Appellants :: Mr.Niranjan Rajagopal for M/s G.R.Associates in WA.1784/2011
Mr.A.Jenasenan in WA.1791/2011
Mrs.B.Saraswathi in WA.1794/2011
Mr.Venkatesh Mahadevan in WA.1869/2011
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Mr.R.Natarajan in WA's.1785, 1786, 1787, 1788 & 1888/2011
Mr.S.Thanka Sivan in WA.2391/2011
For Writ Petitioner:: Mr.K.F.Manavalan in WP.22097/11 For Respondents :: Mr.T.V.Krishnamachari for R1 Mr.P.R.Gopinathan for R2 in WA.1787/2011
Mr.P.R.Gopinathan for R1 Mr.S.Haja Mohideen Gisthi for R2 in WA's.1784, 1791/2011
Mr.P.R.Gopinathan for R1 & R2 Mr.S.Haja Mohideen Gisthi for R3 in WA.1794/2011
Mr.S.Haja Mohideen Gisthi for R1 Mr.A.Kumara Guru for R2 in WA.1869/2011
Mr.P.R.Gopinath for R1 Mr.S.Haja Mohideen Gisthi for R2 in WA.1888/2011
Mr.S.Haja Mohideen Gisthi for R1 Mr.P.R.Gopinathan for R2 in WA's.1785, 1786, 1788, 2391/2011
Mr.P.R.Gopinathan for R1 & R4 Mr.S.Haja Mohideen Gisthi for R2 & R3 in WP.22097/2011
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COMMON JUDGMENT
(Judgment of the Court was made by D.KRISHNAKUMAR,J.)
The learned counsels appearing for the appellants and the writ petitioner fairly stated before this Court that the appellants and the writ petitioner have challenged the UGC (Institutions Deemed to be Universities) Regulations 2010 to be unconstitutional and ultra vires the UGC Act in the intra-Court appeals and writ petition, whereas the new Regulations of the year 2023 have superseded the Regulations of the year 2010. Therefore, they submitted that nothing survives for adjudication in these writ appeals and writ petition.
the writ petition are dismissed as infructuous. It is for the appellants and the
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writ petitioner, if they are aggrieved, to challenge the new Regulations of the year 2023 in the manner known to law. Consequently, interim order stands vacated and M.P.Nos.1 & 2 of 2011are also dismissed. M.P.No.1 of 2015 is dismissed as unnecessary. There shall be no order as to costs.
(D.K.K.,J.) (P.B.B,J.) Index : yes/no 02.08.2023 Neutral citation : yes/no
ss
To
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D.KRISHNAKUMAR,J.
AND P.B.BALAJI,J.
ss
W.A.Nos.1785 of 2011 etc.
02.08.2023
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1 issue framed by the court
Whether the UGC (Institutions Deemed to be Universities) Regulations 2010 drawn under challenge remain subsisting in view of the superseding Regulations of 2023.
B.S.Abdur Rahman University
Shanmugha Arts, Science and Technology and Research Academy
Sathyabama University
Hindustan University
VIT University
Union of India
D.KRISHNAKUMAR
P.B.BALAJI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
