Supreme Court Upholds Autonomy of JBIMS for 2019-20 Admissions: Rohan Virani vs. State of Maharashtra (2019)

Date of the Judgment: September 2, 2019
Citation: (2019) INSC 789
Judges: Indu Malhotra, J., and Sanjiv Khanna, J.
Can an educational institution’s autonomous status be revoked mid-application for extension? The Supreme Court of India recently addressed this critical question in a case concerning admissions to the prestigious Jamnalal Bajaj Institute of Management Studies (JBIMS). This case revolves around whether JBIMS should be treated as an autonomous or non-autonomous department of the University of Mumbai for the 2019-2020 academic year, a distinction that significantly impacts the admission process and seat allocation. The judgment was delivered by a two-judge bench of Justices Indu Malhotra and Sanjiv Khanna.

Case Background

The Jamnalal Bajaj Institute of Management Studies (JBIMS), established in 1965, is a department of the University of Mumbai and a well-known management institution in India. The University of Mumbai granted JBIMS autonomous status for five years, from the academic year 2014-2015 to 2018-2019. During this period, 85% of seats were filled by students from Maharashtra based on merit, and 15% were filled through an all-India quota. In 2018-2019, the Directorate of Technical Education (DTE) tried to allocate 100% of seats to Maharashtra students, but this was deemed illegal by the Bombay High Court. In February 2019, JBIMS informed the DTE and the Admission Regulatory Authority (CET-Cell) that it was an autonomous department and would conduct its own admissions for the 2019-2020 academic year. JBIMS applied to the Vice-Chancellor of the University of Mumbai for an extension of its autonomous status in May and June 2019. For the 2019-2020 academic year, confusion arose because the autonomous status granted to JBIMS was expiring. The DTE published information on its website on July 1, 2019, showing JBIMS as non-autonomous, which changed the seat allocation to 70% for the home university (Mumbai University) and 15% for other universities. JBIMS informed the DTE on July 9, 2019, that it was a department of the University of Mumbai and had applied for an extension of its autonomy. The CET-Cell published the Allotment List on July 17, 2019, treating JBIMS as a non-autonomous institute. Students from other universities challenged these admissions, leading to the Bombay High Court’s decision to treat JBIMS as an autonomous institute.

Timeline

Legal Framework

The case involves the interpretation of the Maharashtra Public Universities Act, 2016, specifically Section 122, which deals with the grant of autonomous status to university departments and affiliated colleges. According to Section 122(4) of the Maharashtra Public Universities Act, 2016, autonomous colleges/university departments may prescribe their own courses of study, teaching methods, and conduct examinations. The Act also allows them to recommend the award of degrees and diplomas to the University. The relevant portion of the Act is reproduced below:

“122. (4) The autonomous university department or institution or affiliated college or recognized institution may prescribe its own courses of study, evolve its own teaching methods and hold examinations and tests for students receiving instruction in it, and recommend the university for award degrees, diplomas or certificates, after following the procedure as prescribed in the Statutes.”

Arguments

The arguments presented before the Supreme Court can be summarized as follows:

Appellants’ Submissions (Students from University of Mumbai)

• Ex-parte Judgment: The High Court’s judgment was passed after the appellants had secured admission, without impleading them in the Writ Petition. This made the judgment ex-parte and liable to be set aside.

• Non-Inclusion of UGC: The judgment was passed without issuing notice to the University Grants Commission (UGC), which was a necessary party to determine the validity of the autonomous status.

• Invalid Autonomous Status: The autonomous status conferred by the University was invalid as the procedure prescribed by law was not followed. Statutes No. 593 to 642 of the University of Mumbai, which pertain to granting autonomous status, were not adhered to.

• Procedure for Granting Autonomy: The statutes of the University of Mumbai require a recommendation from the State Government, concurrence from the UGC, and a notification by the University. None of these requirements were met.

• Expiry of Autonomous Status: JBIMS was granted autonomy for five academic years from 2014-15 to 2018-19, and it was not applicable for the academic year 2019-20.

• No Deemed Extension: There is no provision for a deemed extension of autonomous status. Regulation 7.10 of the 2018 UGC Regulations applies only if an application is made in the prescribed format at least 6 months prior to the expiry of the autonomy cycle.

• Applicability of State Rules: The Maharashtra Unaided Private Professional Educational Institutions Rules, 2017, and the Information Brochure dated 29.06.2019, define an “Autonomous Institution” as one granted autonomy by the UGC, which JBIMS was not.

• Seat Matrix: Even if JBIMS is treated as a University Department, the seat matrix applicable would be the same as for a non-autonomous institution.

State of Maharashtra’s Submissions

• UGC Concurrence Mandatory: The State argued that the concurrence of the UGC is mandatory for granting autonomous status to an educational institution.

• JBIMS Not in UGC List: The Directorate of Technical Education had informed JBIMS that it was not included in the list of autonomous colleges published by the UGC.

• Complications in Admissions: Re-conducting the admissions process by treating JBIMS as an autonomous institute would lead to complications in the entire admissions process throughout the State.

Respondents’ Submissions (Students from Other Universities, JBIMS, and University of Mumbai)

• JBIMS as University Department: JBIMS is a department of the University of Mumbai, which is itself autonomous and does not require UGC concurrence to grant autonomy to its departments.

• Autonomy Conferred by University: The autonomy was conferred by the University of Mumbai vide letter dated 11.07.2014, which was never challenged.

• UGC Regulations Not Applicable: The UGC Regulations of 2018 are applicable only to colleges and affiliated institutes, not to University Departments like JBIMS.

• Precedent of Other University Departments: Other departments of the University of Mumbai (Physics, Chemistry, and Economics) were granted autonomous status by the University, which has continued without question.

• UGC List Not Relevant: The list of autonomous colleges published by the UGC includes only colleges, not University Departments.

• Autonomy Not Revoked: The autonomous status of JBIMS was neither surrendered nor revoked, and the application for extension was under active consideration.

UGC’s Submissions

• Guidelines Applicable to Colleges: The UGC’s guidelines and regulations for autonomous status are applicable only to “Colleges” and not to departments of a university.

• Definition of College: A “College” is defined as an institution affiliated to or a constituent of a university, which does not include a department of the parent university.

• JBIMS Not Required to Apply: JBIMS, being a department of the University of Mumbai, is not required to apply for autonomous status under the UGC Regulations.

Amicus Curiae’s Submissions

• Different Autonomy: The autonomy under the Maharashtra Public Universities Act, 2016, is different from that under UGC Regulations.

• UGC Regulations Not Applicable: The 2018 UGC Regulations apply only to affiliated or constituent colleges, not to University Departments.

• University Autonomy: Universities are autonomous, and there is nothing that prohibits a university from granting autonomy to its own departments.

• Merit-Based Admissions: Admissions to prestigious institutions like JBIMS must be based on merit. Treating JBIMS as non-autonomous would vitiate the principle of merit.

Issues Framed by the Supreme Court

The Supreme Court considered the following issues:

1. Whether the High Court was justified in directing the re-conduct of the admission process by treating JBIMS as an Autonomous Institute.
2. Whether the autonomous status granted to JBIMS by the University of Mumbai was valid.
3. Whether the UGC Regulations of 2018 are applicable to University Departments like JBIMS.
4. Whether the seat matrix for admissions to JBIMS should be as per autonomous or non-autonomous status.

Treatment of the Issue by the Court

Authorities

The Supreme Court considered the following authorities:

Cases

• Mayuri Umesh Munde v. Directorate of the Technical Education & Ors. [W.P. (L) No. 2342 /2018 decided on 27.07.2018] – Bombay High Court: This case was cited to highlight that the Bombay High Court had previously held that 100% reservation of seats for candidates from the State was illegal and impermissible. The High Court had noted that JBIMS was a premier institution and should not be deprived of meritorious students from all over the country.

Statutes

• Section 122 of the Maharashtra Public Universities Act, 2016: This provision was discussed to explain the procedure for granting autonomous status to university departments and affiliated colleges. The Court noted that the University is empowered to grant autonomous status to its departments.

  “122. (1) A university department or institution, affiliated college or recognized institution may apply to the university for grant of autonomous status. The Management Council on the recommendation of the Academic Council may confer the autonomous status.”

  “122. (4) The autonomous university department or institution or affiliated college or recognized institution may prescribe its own courses of study, evolve its own teaching methods and hold examinations and tests for students receiving instruction in it, and recommend the university for award degrees, diplomas or certificates, after following the procedure as prescribed in the Statutes.”

Judgment

The Supreme Court analyzed the submissions made by all parties and the relevant authorities to arrive at its decision. The following table summarizes how each submission was treated by the Court:

The Supreme Court also considered how each authority was viewed:

What weighed in the mind of the Court?

The Supreme Court’s decision was primarily influenced by the following factors:

• Status of JBIMS: The Court recognized that JBIMS was a department of the University of Mumbai, not an affiliated or constituent college. This distinction was crucial in determining the applicability of UGC regulations.

• Autonomy Granted by University: The Court noted that the autonomous status was granted by the University of Mumbai and had not been revoked or surrendered. The application for extension was under consideration.

• UGC Regulations: The Court accepted the UGC’s submission that its regulations are not applicable to University Departments, thereby negating the need for UGC concurrence.

• Merit-Based Admissions: The Court emphasized the importance of merit in admissions to prestigious institutions like JBIMS. Treating JBIMS as non-autonomous would have undermined this principle, as 70% of seats would be reserved for the home university.

• Previous High Court Judgment: The Court referred to the Bombay High Court’s judgment in Mayuri Umesh Munde v. Directorate of the Technical Education & Ors., which highlighted the illegality of 100% reservation of seats for state candidates. This case underscored the need to maintain a balance between state and national representation in admissions.

The Supreme Court’s decision was a blend of factual analysis and legal interpretation. The Court carefully considered the factual context of JBIMS being a university department, the procedural aspects of granting autonomy, and the legal framework governing such matters. The legal considerations, however, weighed more heavily in the Court’s decision.

The Court considered alternative interpretations, such as treating JBIMS as a non-autonomous institution, but rejected them because they would have undermined the principles of merit and the autonomy granted by the University of Mumbai. The Court concluded that the Directorate of Technical Education and the CET-Cell were not justified in treating JBIMS as a non-autonomous institute, and that the admissions process should be re-conducted by treating JBIMS as an Autonomous Department of the University of Mumbai.

The Court’s decision was based on the following reasons:

• JBIMS is a department of the University of Mumbai, not an affiliated college.

• The autonomous status was granted by the University and not revoked.

• UGC regulations are not applicable to University Departments.

• Merit-based admissions are essential for prestigious institutions.

• The application for extension of autonomy was under consideration.

The Court quoted the following from the judgment:

“The autonomous status conferred on JBIMS was granted with effect from 11.07.2014 to 11.07.2019. It was during the subsistence of the autonomous status, that the Directorate of Technical Education and the CET-Cell on 01.07.2019, had shown the status of JBIMS to be non-autonomous.”

“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.”

“We however feel that meritorious students who have secured higher marks in the CET Examination should not be denied admission, in view of the uncertainty which occurred.”

There were no minority opinions in this case, as the judgment was delivered by a two-judge bench, and both judges concurred with the decision. The Court’s reasoning was based on a careful analysis of the facts, the applicable laws, and the submissions made by all parties.

Final Order

The Supreme Court, after considering all the facts and arguments, passed the following order:

1. The Supreme Court upheld the Bombay High Court’s decision to treat JBIMS as an autonomous institute for the 2019-2020 academic year.

2. The Court directed that the admissions process for the 2019-2020 academic year be re-conducted by treating JBIMS as an Autonomous Department of the University of Mumbai.

3. The Court emphasized that admissions to JBIMS should be based on merit.

4. The Court clarified that the UGC Regulations of 2018 are not applicable to University Departments like JBIMS.

Implications of the Judgment

The Supreme Court’s judgment in the Rohan Virani case has significant implications for the autonomy of university departments and the applicability of UGC regulations. The key implications are:

• Autonomy of University Departments: The judgment clarifies that universities have the autonomy to grant autonomous status to their departments, and such autonomy is not subject to the same regulations as those applicable to affiliated colleges.

• Applicability of UGC Regulations: The judgment explicitly states that the UGC regulations of 2018 are not applicable to University Departments, which means that these departments are not bound by the same rules and procedures as affiliated colleges.

• Merit-Based Admissions: The judgment underscores the importance of merit in admissions to prestigious institutions. It prevents the dilution of merit by ensuring that admissions are based on performance in entrance exams.

• Procedural Clarity: The judgment clarifies the procedure for granting autonomous status to university departments and the factors that need to be considered. It also highlights the need for transparency and consistency in the admission process.

• Impact on Other Institutions: The judgment serves as a precedent for other university departments that have been granted autonomous status by their respective universities. It provides clarity on the extent of their autonomy and the applicability of UGC regulations.

Conclusion

The Supreme Court’s judgment in the case of Rohan Virani vs. State of Maharashtra is a landmark decision that upholds the autonomy of university departments and clarifies the applicability of UGC regulations. The Court’s decision was based on a careful analysis of the facts, the applicable laws, and the submissions made by all parties. The Court recognized that JBIMS, as a department of the University of Mumbai, was not subject to the same regulations as affiliated colleges. The Court also emphasized the importance of merit in admissions to prestigious institutions, which was crucial in ensuring that the admissions process was fair and transparent.

The judgment has significant implications for the autonomy of university departments and the applicability of UGC regulations. It clarifies that universities have the autonomy to grant autonomous status to their departments, and such autonomy is not subject to the same regulations as those applicable to affiliated colleges. The judgment also underscores the importance of merit in admissions to prestigious institutions, which is essential to maintain the standards of education and ensure that the best students are admitted.

In summary, the Supreme Court’s judgment in the Rohan Virani case is a significant victory for the autonomy of university departments and the principles of merit-based admissions. It has set a precedent for other university departments that have been granted autonomous status by their respective universities and has clarified the extent of their autonomy and the applicability of UGC regulations.

Disclaimer

This document provides a summary and analysis of the Supreme Court’s judgment in the case of Rohan Virani vs. State of Maharashtra. It is intended for informational purposes only and should not be considered legal advice. For any legal matters, please consult a qualified legal professional.