IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 3484 of 2012 For Approval and Signature:
HONOURABLE MR.JUSTICE KS JHAVERI ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy of the judgment ?
4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ?
5 Whether it is to be circulated to the civil judge ?
========================================================= CHRIST COLLEGE - RUN & MANAGEDBY RAJKOT KELAVNI SAMAJ -
Petitioner(s) Versus UNIVERSITY GRANTS COMMISSION THRO SECRETARY & 2 -
Respondent(s) ========================================================= Appearance :
MS.KHUSHBOO V MALKAN for Petitioner(s) : 1,MRS.DHARITA P MALKAN for Petitioner(s) : 1, NOTICE SERVED for Respondent(s) : 1 - 3. MR AR THACKER for Respondent(s) : 3, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 21/06/2012
ORAL JUDGMENT
1. By way of this petition the petitioner is challenging the letter dated 10.01.2012, whereby, the petitioner college was informed to refund an amount of Rs.23,90,000/- on the ground that the petitioner college was found to be a self-finance institution.
2. The brief facts leading to filing of the present petition are that the petitioner college is a self- financed college, run and managed by Rajkot Kelavni Samaj, a society registered under the Societies Act and is recognized by University Grants Commission, respondent No.1. The petitioner college received the recognition under University Grants Commission on 20.05.2009 from the respondent No.1. On 14.06.2010 respondent No.1 sent a letter intimating the resolution passed in the meeting held by the commission on 04.05.2010 for providing grant and status as per section 12B to the private colleges which are fully self-financed along with the minutes of the meeting dated 04.05.2010. It was resolved by the respondent commission that private colleges, which are fully self-financed, may be awarded 12B status if they fulfill the eligibility criteria, so that they become eligible to receive Central Government grants from the other sources, even if they do not receive grants from UGC due to paucity of funds.
3. In view of the resolution passed in the meeting of Commission held on 04.05.2010 the application of the petitioner college was considered and allowed by the Commission for recognition of petitioner college under section 12B of the Act and same was intimated by the respondent Commission to the petitioner by letter dated 16.07.2010. The respondent No.1 circulated a letter dated 08.12.2010 through the Registrar, Saurashtra University calling for the proposals from the colleges who were recently included under Section 25F and 12B of the Act for College Development and Merged Scheme, in which it was not clarified that the scheme shall not be applicable to the private colleges which are self-financed. In the University Grant and Merge Scheme for the eleventh plan period for the year 2007-2012 of the respondent No.1 it is not mentioned that the said scheme shall not be applicable to private colleges which are self financing.
4. A proposal was forwarded by the petitioner under the College Development and Merged Scheme in prescribed proforma as per instructions of respondent Commission in the letter dated 08.12.2010 and 11.01.2011. The respondent No.1 vide their letter dated 24.05.2011 sanctioned an amount of Rs.20,70,000/- as grant in aid to the petitioner college for merged scheme under eleventh plan and have further vide their letter dated 25.05.2011 sanctioned an amount of Rs.3,20,000/- towards grant in aid towards college development under eleventh plan. The petitioner thereafter received a demand draft from respondent No.1 towards grant in aid and the petitioner sent receipt dated 08.08.2011 for the receipt of grant of Rs.20,70,000/- and receipt vide letter dated 25.08.2011 of grant of Rs.3,20,000/-
5. The respondent No.1 by their letter dated 07.12.2011, through the Registrar of Saurashtra University sought clarification regarding petitioner college as to whether the petitioner college is self financed or aided by the government of Gujarat and the same was forwarded by the Saurashtra University to the petitioner to give the clarification as sought for. The petitioner in turn vide letter dated 21.12.2011 clarified to the respondent No.3 that the petitioner college is a self-financed college. Then the petitioner received a letter from the respondent Commission dated 10.01.2012 asking the petitioner to refund the grant in aid of amount of Rs.23,90,000/- as it is the self finance college. Various representations were preferred by the petitioner, but the same were not considered. Being aggrieved by the same, the present petition is preferred.
6. Admittedly, it is clear that, the University Grant Commission has directed the petitioner University to refund the amount of Rs.23,90,000/-, which has been given to the college by way of grant on the basis of orders passed by the University Grant Commission. The first order which came to be passed
receive Central Assistance under Section 12(B) UGC Act, 1956 as per UGC has not yet finalized the details to provide financial assistance to “Self Financed Colleges”.
7. However, subsequently, the same authority, on 16.07.2010, has passed an order granting the petitioner status of Self Finance College. Assistance of the Central Government, however, on proper inquiry on 07.12.2011 was pressed by the Pune office to respondent No.2 Saurashtra University, page 188 which is reproduced as under:
“This is to inform you that Christ College, Munjka Village, Rajkot – 360 005 is included under Section 2(F) and 12(B) of UGC Act, 1956 (copy enclosed). Further you are requested to clarify whether this college is a Self Financed or Aided by Govt. of Gujarat.”
Where, petitioner college is included under Section 2(F) and 12(B) of the UGC Act, 1956. Further you are requested to clarify whether this college is self finance or at by the Government of Gujarat, pursuant to which, Saurashtra University has inquired from the petitioner on 15.12.2011 that whether the college is a self-financed college or it is aided by the Government of Gujarat. So far as the reply of the petitioner on 21.12.2011 it is stated in that it is a self finance college.
8. The impugned order is passed on the basis that the self finance authority are not entitled for it. Admittedly, the petitioner is self finance college and they are not entitled for the grant. In that view of the matter, the order passed by the UGC is just and proper and no interference is called for. However, it would not be out of place to mention that in the letter dated 27.11.2011 of the Director, College Development Council, Saurashtra University, it was specifically mentioned that the petitioner college is a self-financed college and therefore, in my view the UGC was completely justified in issuing a letter dated 10.01.2012, which has been produced alongwith the petition vide Annexure:A. The order passed by the University Grant Commission is just and proper and no case is made out. Hence, the petition deserves to be dismissed and accordingly dismissed.
[K S JHAVERI, J] Ankit*