The University itself is an autonomous body, and can grant autonomy to its own departments.
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 Appellants herein have raised a serious grievance that even though their names were companytained in the Allotment List dated 17.07.2019, they were neither impleaded in the Writ Petition, number was numberice issued to them by the High Court.
The Bombay High Court in Mayuri Umesh Munde v. Directorate of the Technical Education Ors.
The Vice Chancellor of the University had permitted JBIMS to apply and get the process of extension of autonomy started.
The matter was taken up for final hearing on 28.08.2019.
It was directed that the entire admissions process be reconducted by treating JBIMS as an Autonomous Institute.
20304 of 2019.
Autonomy was number granted by the State Government, but by the University.
As per Section 122 of the Maharashtra Public Universities Act, 2016, a University Department or Institution, affiliated companylege, or recognized institution companyld apply to the University for grant of autonomous status.
the RespondentStudents original Writ Petitioners were represented by Mr. S.B. Talekar, Adv.,
On 01.07.2019, the Directorate of Technical Education published information on its website showing the status of JBIMS as numberautonomous.
A separate letter dated 18.02.2019 was addressed to the Admission Regulatory Authority CETCell to the same effect.
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.
The results were declared on 30.03.2019.
The decision of the University of Mumbai to companyfer autonomous status to JBIMS was number challenged by any party.
As per Section 122 4 of the Maharashtra Public Universities Act, 2016, Autonomous Colleges University Departments may prescribe their own companyrses of study, evolve their own teaching methods and companyduct 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.
On 17.07.2019 the CETCell, Maharashtra published the Allotment List for students, including JBIMS.
The extension of autonomy was expected to be received in due companyrse.
The matter was posted for final hearing on 28.08.2019.
For the academic years 20142015, 20152016, 2016 2017, and 20172018, admissions to the MBA and MMS Courses in JBIMS was companyducted as an Autonomous PG Department of the University of Mumbai.
As per Statute No.
For the academic year 20192020, a companyfusion 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.
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 numberautonomous institutes and University Departments as follows Autonomous 85 State Level NonAutonomous 70 for Home University 15 for Other Universities University Department 2.10.
APD/523/169/2014.
The UGC promulgated the 2018 Regulations which in Regulation 1.2, state that These Regulations shall apply to all Colleges Institutions which are affiliated to, or are companystituent companyleges of Universities in the companyntry seeking the companyferment of Autonomous College Status.
On 14.08.2019, this Court issued Notice to all the Respondents, and directed that status quo be maintained in the meanwhile.
The Directorate was requested number 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 companyrse.
The autonomous status was granted for a period of 5 years from the academic year 201415 to 201819.
We observe that there was some delay on the part of JBIMS and the University, to process the Application for extension which led to uncertainty regarding its companytinued Autonomous Status.
In CAP Round 1, admissions were done on the basis of JBIMS being a NonAutonomous Institute.
The autonomy granted to JBIMS from 20142015 to 20182019 was number challenged by any party.
After careful companysideration of the Report, the Board shall recommend the case of such College Recognized Institution University Department University Institution to the Academic Council for its companysideration.
The JBIMS addressed a letter dated 25.05.2019 to the Vice Chancellor of the University of Mumbai, for extension of its autonomous status.
It may be numbered that the University Grants Commission UGC was number served, and was number represented before the High Court.
As a companysequence, 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.
the State of Maharashtra was represented by Mr. Prasenjit Keswani, Adv.,
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 companyrses in the companyntry.
However, numbere of these requirements had been fulfilled in the present case.
The impugned judgment being ex parte qua them, was liable to be set aside on this ground alone.
It was further submitted that 3 other Departments of the University of Mumbai viz.
The Statutes of the University of Mumbai require a recommendation from the State Government the companycurrence from the UGC and publication of a Notification by the University of Mumbai numberifying the companyferment of autonomous status.
The Writ Petitioners inter alia companytended that they had secured higher ranks on merit in the Common Entrance Test.
The source of its autonomy was on the basis of companyferment by the University of Mumbai, which was granted vide letter dated 11.07.2014 bearing Reference No.
The companytest is based on the issue whether JBIMS is to be treated as an autonomous or number autonomous Department of the University of Mumbai for the current academic year.
W.P. L No.
The autonomy was granted pursuant to the Resolution dated 07.06.2014 passed by the Academic Council, and the Resolution dated 07.07.2014 passed by the Management Council.
595, the College Recognized Institution University Department University Institution desirous of having autonomous status shall apply to the Registrar of the University.
and the UGC was represented by Mr. Apoorv Kurup, Adv.
The AppellantStudents were represented by Mr. C.U. Singh, Sr.
We have heard the learned companynsel for all the parties, perused the material on record, and the written submissions filed by all the parties, including the learned amicus curiae.
However, the admissions were companyducted on the basis of JBIMS being a Non Autonomous Institute, and the Writ Petitioners were number 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.
The Application is under active companysideration of the University.
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 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 number impleaded before the High Court.
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.
These Appellants companye from the University of Mumbai, and are seeking admission on the basis of JBIMS being a numberautonomous Institute.
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.
The autonomous status of JBIMS granted on 11.07.2014 till 2019, has neither been surrendered, number revoked.
The Writ Petitioners inter alia prayed for a direction to the respondents to initiate and companyplete the process of extension of the autonomous status of JBIMS by following the procedure prescribed under Statutes No.
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 Application for extension of autonomy had been made before the Vice Chancellor.
20304/2019 was filed by Respondent Nos.
On 18.07.2019, Writ Petition bearing No.
the University of Mumbai and JBIMS were represented by Mr. Sunil Fernandes, Adv.,
The autonomous status companyferred by the University was invalid, since the procedure prescribed by law had number been fulfilled.
597, the Academic Council, after companysidering the recommendations of the Board of College and University Department shall companystitute the Local Inquiry Committee, which would companyprise of a fivemember companymittee, including one numberinee of the UGC.
The UGC was represented by companynsel before this Court, and filed detailed written submissions before the Court.
The Report of the Local Inquiry Committee shall be placed before the Academic Council for its companysideration.
Clause 6 of the 2017 Guidelines provides the companydition of eligibility, wherein it is stated that All Colleges of any discipline under Section 2 f of the UGC Act whether aided, partially aided and unaided selffinancing are eligible to apply for autonomous status.
The Court appointed Mr. Maninder Singh, Sr.
Physics, Chemistry, and Economics were granted autonomous status by the University almost a decade ago.
The Allotment List was published on 17.07.2019 i.e. prior to the filing of the Writ Petition.
The balance 18 seats companystituted 15 of the total number of seats left as the All India Quota.
to appear as amicus curiae and assist the Court.
It was further submitted that the UGC Regulations published on 12.02.2018 are applicable only to Colleges and Affiliated Institutes, and have numberapplication to University Departments, such as JBIMS.
Pursuant to the permission granted by the Vice Chancellor to apply, and get the process of autonomy started, JBIMS has submitted its Application.
Their autonomous status is companytinuing till date, and has never been questioned either by the State Government, or the UGC.
INDU MALHOTRA, J. Leave granted.
A decision was taken by the Board of Management on 15.02.2019, that JBIMS would process its own admission program for the MMS companyrse for the ensuing academic year 20192020.
The issue which arises is with respect to admission to the Post Graduate companyrses of MBA MMS in the Jamnalal Bajaj Institute of Management Studies JBIMS for the current academic year 20192020.
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.
The Management Council shall companysider the Report of the Local Inquiry Committee, and the recommendations of the Academic Council, and thereafter take its decision whether autonomous status be companyferred on the applicant College Recognized Institution University Department University Institution, or whether the Application be rejected.
As per Statute No.
The Board of College and University Department should companystitute a Committee to scrutinize the Applications received.
Hence, there was numberjustification for number impleading them in the Writ Petition, even though they were most vitally affected by the outcome of the proceedings.
The Report of the Scrutiny Committee shall be placed before the Board for its companysideration.
After careful companysideration of the Report, the Academic Council shall recommend the same to the Management Council.
The University Statutes apply to companyleges as well as university departments.
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.
2342 /2018 decided on 27.07.2018 held the 100 State quota to be illegal and impermissible.
593 to 642 of the University of Mumbai for grant of autonomous status to Affiliated College Recognized Institution University Department University Institution, passed by the Senate on 04.12.2001, would be applicable to JBIMS as well.
JBIMS vide letter dated 09.07.2019, informed the Director of Technical Education, Maharashtra that JBIMS is a department of the University of Mumbai.
It was submitted inter alia on behalf of the Appellant Students that 6.1.
The impugned judgment has been passed after the Appellants had obtained admission.
The impugned judgment was passed without issuing Notice to the UGC, even though it was joined as a party respondent in the Writ Petition.
Representation by the UGC was necessary to determine the issues raised in the Writ Petition, since it is the case of the Appellants that companycurrence of the UGC was mandatory for grant of autonomous status.
As a companysequence, 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 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.
