REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 6753 OF 2019

(Arising out of SLP (Civil) No. 19807/2019)

Rohan Virani & Ors.  …Appellants

versus

State of Maharashtra & Ors.      …Respondents

J U D G M E N T

INDU MALHOTRA, J.

Leave granted.  

1. 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

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bench of the Bombay High Court  in Writ  Petition  (ST) No.

20304 of 2019.

    The issue which arises is with respect to admission to the

Post Graduate courses of MBA/MMS in the Jamnalal Bajaj

Institute  of  Management Studies  (“JBIMS”) for the current

academic year 2019­2020. The contest is based on the issue

whether JBIMS is to be treated as an autonomous or non­

autonomous Department of the University of Mumbai for the

current academic year.

2. 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 courses in the country.

   It has consistently been ranked amongst the top 10

business schools in India. JBIMS is well known for its

distinguished  and  professional faculty  members, including

representatives from industry and academia.

2.1. The University of Mumbai vide letter dated 11.07.2014,

granted autonomous status to JBIMS for a period of

five years from the academic year 2014­2015 to 2018­

2019.

  A perusal of the letter dated 11.07.2014, shows that

the Academic Council  vide  Resolution dated

07.06.2014, and the Management Council of the

University of Mumbai  vide  Resolution dated

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07.06.2014, resolved to confer autonomous status on

JBIMS.

  The autonomous status was granted for a period of 5

years from the academic year 2014­15 to 2018­19.

2.2. For the academic years 2014­2015, 2015­2016, 2016­

2017, and 2017­2018, admissions to the  MBA and

MMS Courses in JBIMS was conducted as an

Autonomous PG Department of the University of

Mumbai.  

     The autonomy granted to JBIMS from 2014­2015 to

2018­2019 was not challenged by any party.

     As a consequence, 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.

2.3. As per Section 122 (4) of the Maharashtra Public

Universities Act, 2016, Autonomous

Colleges/University  Departments  may  prescribe their

own courses of study, evolve their own teaching

methods and conduct 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.

2.4. During the academic year 2018­2019, the Directorate

of Technical Education issued a Notification whereby

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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 Bombay High

Court in  Mayuri  Umesh  Munde  v.  Directorate of the

Technical Education & Ors.  [W.P. (L) No. 2342 /2018

decided on 27.07.2018] held the 100% State quota to

be illegal and impermissible.

2.5. 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.

A decision was taken by the Board of Management on

15.02.2019, that JBIMS would process its own

admission program for the MMS course for the ensuing

academic year 2019­2020. The Directorate was

requested not 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 course.

      A separate letter dated 18.02.2019 was addressed to

the Admission Regulatory Authority  (CET­Cell) to the

same effect.

2.6. The JBIMS addressed a letter dated 25.05.2019 to the

Vice Chancellor of the University of Mumbai, for

extension of its autonomous status.

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      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.

2.7. For the academic year 2019­2020, a confusion

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.

2.8. The Combined Entrance Test,  was conducted by the

CET­Cell, Maharashtra, for the current academic year

on 09/10.03.2019. The results were declared on

30.03.2019.

2.9. 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 non­autonomous institutes and

University Departments as follows :­

Autonomous        : 85% State Level Non­Autonomous &         :  

University Department

70% for Home University  15% for Other Universities

2.10. On 01.07.2019, the Directorate of Technical Education

published information on its website showing the

status of JBIMS as non­autonomous.   As a

consequence, out of a total of 120 seats in JBIMS, 79

were to be allocated to the Home University i.e.

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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 balance 18 seats constituted 15% of the

total number of seats left as the All India Quota.

2.11. JBIMS  vide  letter dated 09.07.2019, informed the

Director of Technical Education, Maharashtra that

JBIMS is a department of the University of Mumbai.

The University itself is an autonomous body, and can

grant autonomy to its own departments. The

Application for extension of autonomy had been made

before the Vice Chancellor. The Vice Chancellor of the

University had permitted JBIMS to apply and get the

process of extension of autonomy started. The

extension of autonomy was expected to be received in

due course.

2.12. On 17.07.2019 the CET­Cell,  Maharashtra published

the Allotment  List for  students, including  JBIMS. In

CAP Round 1, admissions were done on the basis of

JBIMS being a Non­Autonomous Institute.

2.13. The Appellants herein are students from the University

of Mumbai, who secured admission in JBIMS on the

basis of the Seat Allocation made in CAP Round 1.

2.14. On 18.07.2019, Writ Petition bearing No. 20304/2019

was filed by Respondent Nos. 7 to 15 herein, who are

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students from Other Universities in the State of

Maharashtra, to challenge the admissions  made to

JBIMS by treating it as a Non­Autonomous Institute.  

  The Writ Petitioners  inter alia  contended that they

had  secured  higher ranks  on  merit in the  Common

Entrance Test.   However, the admissions were

conducted on the basis of JBIMS being a Non­

Autonomous  Institute,  and  the  Writ  Petitioners  were

not 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. 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 Writ Petitioners inter alia prayed for a direction

to the respondents to initiate and complete the process

of  extension of the  autonomous status  of  JBIMS by

following the procedure prescribed under Statutes No.

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.

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2.15. 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.

   It may be noted that the University Grants

Commission (“UGC”) was not served, and was not

represented before the High Court.

   The Appellants herein have raised a serious

grievance that even though their names were contained

in the Allotment List dated 17.07.2019, they were

neither impleaded in the Writ Petition, nor was notice

issued to them by the High Court.

2.16. 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.

  The High Court recorded in para 42 of the impugned

judgment that the Advocate General for Maharashtra

did not dispute that the University of Mumbai had the

power to confer autonomous status on JBIMS. As per

Section 122 of the  Maharashtra Public Universities

Act, 2016, a University Department or Institution,

affiliated college, or recognized institution could apply

to the University for grant of autonomous status.

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Autonomy was not granted by the State Government,

but by the University.

      The High Court further held that JBIMS continued to

be an Autonomous Institute, since its Application for

extension  of autonomy was  pending  approval before

the University.  The Vice Chancellor of the University

had permitted JBIMS to apply for extension, and get

the process commenced.  As a consequence, the status

of  autonomy of  JBIMS was neither surrendered,  nor

was it revoked.       In this  backdrop, the  State  Government  and  the

Directorate of Technical Education could not have

proceeded on the premise that the autonomous status

of JBIMS had automatically come to an end on

11.07.2019. The presumption of the State that JBIMS

is a Non­Autonomous Institute was held to be

unsustainable.    The High Court further held that the status of JBIMS

remained unaltered, and that JBIMS had not lost its

autonomy. In these circumstances, the  modification

brought about by the Directorate of Technical

Education  by showing the status  of  JBIMS as  non­

autonomous was set aside.    It was directed that the entire admissions process be

re­conducted by treating JBIMS as an  Autonomous

Institute.  

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3. 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

not impleaded before the High Court. These Appellants come

from the University of Mumbai, and are seeking admission on

the basis of JBIMS being a non­autonomous Institute.  

   On 14.08.2019, this Court issued Notice to all the

Respondents, and directed that status quo be maintained in

the meanwhile. The matter was posted for final hearing on

28.08.2019.

4. The matter was taken up for  final  hearing on 28.08.2019.

The Appellant­Students were represented by Mr. C.U. Singh,

Sr. Adv., the State of Maharashtra was represented by Mr.

Prasenjit  Keswani,  Adv., the  Respondent­Students [original

Writ Petitioners] were represented by Mr. S.B. Talekar, Adv.,

the University of  Mumbai  and JBIMS were represented by

Mr. Sunil Fernandes, Adv., and the UGC was represented by

Mr. Apoorv Kurup, Adv.

  The  Court  appointed  Mr.  Maninder  Singh,  Sr.  Adv. to

appear as amicus curiae and assist the Court.

5. We have heard the learned counsel for all the parties,

perused the material on record, and the written submissions

filed by all the parties, including the learned amicus curiae.  

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6. 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 Allotment List

was published on 17.07.2019 i.e. prior to the filing of

the Writ Petition. Hence, there was no justification for

not impleading them in the Writ Petition, even though

they were most vitally affected by the outcome of the

proceedings.  The impugned  judgment  being  ex  parte

qua  them, was liable to be set aside on this ground

alone.

6.2. 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 concurrence of the UGC was mandatory for grant

of autonomous status.  

   The High Court decided the case with undue haste,

without granting a hearing to the necessary parties i.e.

the Appellant­Students who had already secured

admission, and the UGC.

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6.3. The autonomous status conferred by the  University

was invalid, since the procedure prescribed by law had

not been fulfilled. The  University Statutes apply to

colleges as  well as  university departments. Statutes

No. 593 to 642 passed by the Senate of the University

of Mumbai in its Special Meeting held on 04.12.2001

pertain to grant of autonomous status to Affiliated

College/University Department/University Institution.

6.4. The Appellants submitted that the Statutes No. 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.

   As per Statute  No. 595, the  College/Recognized

Institution/University Department/University

Institution desirous of having autonomous status shall

apply to the Registrar of the University.

  The  Board  of  College  and  University  Department

should constitute a Committee to scrutinize the

Applications received. The Report of the Scrutiny

Committee shall be placed before the  Board for its

consideration. After careful consideration of the

Report, the Board shall recommend the case of such

College/Recognized Institution/University

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Department/University Institution to the Academic

Council for its consideration.

   As per Statute No. 597, the Academic Council, after

considering the recommendations of the Board of

College and University Department shall constitute the

Local  Inquiry Committee, which would comprise of a

five­member committee, including one nominee of the

UGC.

  The Report of the Local Inquiry Committee shall be

placed before the Academic Council for its

consideration. After careful consideration of the

Report, the Academic  Council shall recommend the

same to the Management Council.

  The Management Council shall consider the Report

of the Local Inquiry Committee, and the

recommendations of the Academic Council, and

thereafter take its decision whether autonomous status

be conferred on the applicant College/Recognized

Institution/University Department/University

Institution, or whether the Application be rejected.

  The Statutes of the University of Mumbai require a

recommendation from the State Government; the

concurrence from the UGC; and publication of a

Notification by the University of Mumbai notifying the

conferment of autonomous status.

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      However, none of these requirements had been

fulfilled  in the present case. This would be apparent

from the fact that JBIMS  was not included in the

Annual List of Autonomous Colleges published by the

UGC.

6.5. JBIMS was granted autonomy for a period of five

academic years from 2014­15 to 2018­19 by the

University. Hence, even if it is assumed that the

autonomous status  of  JBIMS was  validly  granted  in

2014, it was certainly not applicable for the academic

year 2019­20.

6.6. It was further submitted that there is no provision for a

deemed extension of the autonomous status of an

institute. Regulation 7.10 of the 2018 UGC Regulations

will apply only if an Application in the prescribed

format  under  Regulation 7.8,  has  been made  to the

UGC, at least 6  months prior to the expiry of the

autonomy cycle.

6.7. The Maharashtra Unaided Private Professional

Educational Institutions (Regulation of Admissions to

Full Time Professional Undergraduate Technical

Courses) Rules, 2017 were made specifically applicable

to, and adopted for Government aided/non­aided

institutions and University Departments  vide  G.R.

dated 25.04.2017.

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   The G.R. dated 25.04.2017 prescribed the seat

matrix for admissions, which  was further amended

vide the G.R. dated 04.06.2019.

6.8. It was submitted that even if there was some ambiguity

with regard to the definitions of “Autonomous

Institutes” and “Non­Autonomous Institutes” for the

applicability of this statutory regime to JBIMS, the

Information Brochure dated 29.06.2019 put all doubts

to rest, and conclusively answered this issue.

   The Information Brochure dated 29.06.2019 is

admittedly the document on the basis of which both

the Writ Petitioners (Respondent Nos. 7 to 15 herein)

and the present Appellants have applied for admission.

   The said Information Brochure sets out the manner

in which the Admissions Act, 2015 and the Rules of

2017 are to be applied. It sets out the definition of an

“Autonomous Institution” as  an institution to  which

autonomy is granted by the UGC.

   The  Writ Petitioners  have  neither challenged the

Information Brochure, nor the G.R. dated 25.04.2017.

6.9. It was further submitted that even if it is conceded that

JBIMS can be treated as a University Department, for

which the concurrence of the  UGC  is  not required,

even then the seat  matrix applicable to JBIMS  will

remain the same, since the seat matrix applicable to a

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non­autonomous institution and a university

department is the same.

7. The stand taken by the State of Maharashtra was similar to

that of the Appellants.

7.1. It was submitted that the concurrence of the UGC is

mandatory for grant of autonomous status to an

educational institution.

7.2. It was further submitted that the Directorate of

Technical Education  vide  letter dated 19.01.2019 had

informed JBIMS that  it  is not  included in the list of

autonomous colleges published by the UGC.

  JBIMS was asked to furnish proof of having been

granted autonomy after the concurrence of the UGC,

but JBIMS failed to do so.

7.3. It was further submitted that if the admissions process

is re­conducted by treating JBIMS as an autonomous

institute, then it will lead to complications in the entire

admissions process throughout the State.

8. The Respondent –  Students,  JBIMS, and the  University  of

Mumbai took the same stand that admissions to the current

academic  year  2019­2020  ought to  be  carried  out  on the

basis that JBIMS is an Autonomous Department of the

University of Mumbai.

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8.1. It was submitted that JBIMS is admittedly a

Department of the  University of  Mumbai. Since the

University of Mumbai itself is autonomous, it does not

require the concurrence of the UGC for granting

autonomous status to one of its own Departments.  

8.2. The source of its autonomy was on the basis of

conferment by  the University of  Mumbai,  which was

granted vide letter dated 11.07.2014 bearing Reference

No. APD/523/169/2014.  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.  The

decision of the University of Mumbai to confer

autonomous status  to JBIMS was not  challenged by

any party.

8.3. It  was further submitted that the  UGC  Regulations

published on 12.02.2018 are applicable only to

Colleges and Affiliated Institutes, and have no

application to University Departments, such as JBIMS.

8.4. It was further submitted that 3 other Departments of

the University of Mumbai viz. Physics, Chemistry, and

Economics  were granted autonomous status by the

University almost a decade ago. Their autonomous

status is continuing till date, and has never been

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questioned either by the State Government, or the

UGC.

8.5. It was further submitted that the List of Autonomous

Colleges published by the UGC annually, includes only

Colleges, and  not  University  Departments.  The  non­

inclusion of JBIMS from the said list has no

significance.

8.6. The autonomous status of JBIMS granted on

11.07.2014 till 2019,  has  neither  been  surrendered,

nor revoked.  

   Pursuant to the  permission granted  by the  Vice

Chancellor to apply, and get the process of autonomy

started, JBIMS has submitted its Application. The

Application is under active consideration of the

University.  

9. The UGC was represented by counsel before this Court, and

filed detailed written submissions before  the Court. It  was

submitted that :­

9.1. The UGC had initially made “Guidelines for

Autonomous Colleges during the XIIth  Plan Period

(2012 – 2017)” which in para 3 had made it clear that

only “Colleges” were eligible to apply for autonomous

status.

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9.2. These guidelines were replaced by the “UGC Guidelines

for Autonomous Colleges, 2017” which also were

applicable only to “Colleges”. Clause 6 of the 2017

Guidelines provides the condition 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.”

9.3. 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 constituent colleges of Universities in the country seeking the conferment of Autonomous College Status.”

  Regulation 6 states as follows :

“Colleges (of any discipline) whether aided, partially aided and unaided/self­financing are eligible provided they are under Section 2(f) of the UGC Act.”

Upon grant of Autonomous College Status, the

concerned institution would be entitled to the

benefits stipulated in Regulation 3.

  The term “College” which is defined in Regulation

2.4, cannot be interpreted to include a “Department”

of the Parent University, since a “Parent University”

is defined under Regulation 2.9 as follows :

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“The University to  which  the  college  concerned  is affiliated, or of  which the college concerned is  a constituent.”

  A Department of the University is neither affiliated to,

nor a constituent of that University, and it is not

required to apply to the UGC for autonomous status in

terms of the  University’s  Statutes, since  Universities

are by their very nature, autonomous/independent

institutions of higher education.

9.4. The 2018 Regulations are applicable only to Colleges to

apply for autonomous status.

9.5. The UGC expressly took the view that JBIMS is

admittedly neither an affiliated college, nor a

constituent college, but a Department of the University

of Mumbai. A Department of the University of Mumbai

is not required to apply for autonomous status under

the UGC Regulations.

  It was further submitted that JBIMS is a Department

of the  University  of  Mumbai, and is  not required to

apply for autonomous status under the UGC

Regulations. For grant of autonomous status to a

Department of the University, Section 122 of the

Maharashtra Public Universities Act, 2016 provides

that the University Department may apply to the

University for grant of autonomous status. The

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Management  Council on the recommendation of the

Academic Council may confer the autonomous status.

   The Maharashtra Public Universities Act, 2016 itself

makes a distinction between a “College” and a

“Department”.  

10. Mr. Maninder Singh, Sr. Adv., the learned amicus curiae inter

alia submitted that :­

10.1. The autonomy envisaged under Section 2(5) of the

Maharashtra Public Universities Act, 2016 is

completely different from the autonomy envisaged

under the Regulations framed by the UGC.

  The UGC (Conferment of Autonomous Status upon

Colleges and Measures for Maintenance of Standards

in Autonomous Colleges) Regulations, 2018 (“2018

UGC Regulations”) are applicable only to colleges, and

not to Departments of  the University.  This would be

evident from the various clauses in the 2018  UGC

Regulations.  The  Preamble to the  Regulations  states

that the  Regulations have been promulgating college

autonomy. Clause 1.2. of the Regulations states that

the Regulations shall apply to all Colleges/ Institutions

which are affiliated  to,  or  are  constituent colleges of

Universities in the country seeking conferment of

Autonomous College status.

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  The definition of “College” under Clause 2.4 of the

2018 UGC Regulations, when read with the definition

of “Parent University” under Clause 2.9, makes it

abundantly clear that the 2018 UGC Regulations apply

only to  affiliated or constituent colleges, and  not to

University Departments.

   The  phrase “autonomous  college” is employed in

other provisions of the 2018 UGC Regulations, such as

in Clauses 2.1, 2.3, 2.6 and 2.7. The privileges granted

to an autonomous college are covered by Clause 3 of

the Regulations. Throughout the Regulations, reference

is  made to an “autonomous college”, and not to a

University Department.

   Clause 6 of the 2018 UGC Regulations contains the

eligibility clause, which refers only to colleges, whether

aided, partially aided, or un­aided/self­financing,

provided they fall under Section 2 (f) of the UGC Act.

  It was therefore, submitted that since JBIMS was not

a College, nor an Institution affiliated to, nor a

constituent of the University, the 2018 UGC

Regulations were not applicable to it.

   The 2018 UGC Regulations cannot be made

applicable to University Departments, since the

University itself is independent/autonomous in its

functioning, and therefore there is nothing that

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prohibits a University from granting autonomy to one

of its own Departments.

10.2. It was further submitted that the G.R. dated

04.06.2019, when it uses the word “Autonomous”

would  mean  the  status  of  autonomy granted by the

University of Mumbai under the 1994 Act, and

thereafter the 2016 Act.

10.3. Admission to prestigious educational institutions such

as JBIMS  must be granted on  merit. If JBIMS is

treated as a non­autonomous institute, and 70% of the

seats are reserved for the  Home  University, then it

would vitiate the principle of supremacy of merit.

   On the other hand, if JBIMS is treated as an

autonomous institute, 85% of the seats would be open

for  meritorious  students from all  universities in the

State of Maharashtra.

11. We have carefully perused the written submissions made

by all the parties, and heard the oral submissions made by

their respective counsel, including the learned  amicus

curiae.  

11.1. The admitted position is that JBIMS is a Department of

the University of Mumbai, and was granted

autonomous status by the University itself. JBIMS is

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not an affiliated college, nor a constituent college of the

University.

   This position has been accepted by all parties,

including the State. In para 23 of the impugned

judgment, the High Court has recorded the submission

of the Advocate General for the State of Maharashtra

about the status of JBIMS as follows :­

“23….Then, Mr. Kumbhakoni was at pains to tell us about the status of JBIMS. He would submit that we must not forget that JBIMS is a department of University. The University has appointed the staff and the University has sanctioned the budget of JBIMS. It is  not  an  affiliated  college,  but  a college conducted by the University. It is not even a constituent college.  Mr. Kumbhakoni  would submit that  the autonomy in this case is not granted by the UGC, but by the University of Mumbai….”

(emphasis supplied)

   As per the University of Mumbai and JBIMS,

autonomy was conferred by the University in

accordance with the provisions of Maharashtra

University Act, 1994.  

11.2. 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”.

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   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.

11.3. 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 2019­2020. 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 receive  the

extension of its autonomous status from the University

of Mumbai.

11.4. 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

CET­Cell on 01.07.2019, had shown the status of

JBIMS to be non­autonomous.

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   As a consequence, the entire seat matrix for

admission to the post­graduate courses in JBIMS

underwent a complete change. As per the seat matrix

published, 70% seats  would now be allocated to the

University of  Mumbai, to the exclusion of all other

universities in the State of Maharashtra. The

remaining 15% to other Universities; and the balance

15% for the All­India Quota.

   In the aforesaid circumstances, since the application

for extension was under consideration, the Directorate

of Technical Education and the CET­Cell were not

justified in treating JBIMS as a Non­Autonomous

Institute for the current academic year 2019­20.  

11.5. It is the admitted position that the autonomous status

granted to JBIMS has not been revoked, or

surrendered.  

    The application for extension was made by JBIMS

pursuant to the permission granted by the Vice

Chancellor of the University of Mumbai.   The

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

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Notification for grant of extension/renewal of the

autonomous status.

11.6. It is  relevant to note that even during the previous

academic year i.e. 2018­19, the Directorate of

Technical Education had issued a Notification,

whereby it amended the Information  Brochure, and

allocated 100% seats in JBIMS to the  Maharashtra

State quota.

  This Notification came to be challenged by a student

from the All India Quota in the case of Mayuri Umesh

Munde  v.  Directorate of Technical Education  & Ors.

(supra), wherein the Bombay High Court held that the

100% reservation in favour of candidates from the

State  was  illegal  and  impermissible.  The High Court

noted that  during the preceding years, the  State of

Maharashtra had consistently allocated 85% seats in

Autonomous Institutes to candidates from all

Universities in the State of  Maharashtra, and 15%

seats to candidates from the All India Quota.  

  The High Court held that JBIMS being a premier

institution, and one of the top management colleges in

the country, was being deprived of bright meritorious

students from all over the country. This was a great

national loss, and would undermine the status of an

institution of national stature.

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  This judgment was not challenged any further, and

attained finality.

11.7. A perusal of the provisions of the Maharashtra Public

Universities Act, 2016 provide the procedure for grant

of autonomous status to departments of a University.  

    Section 2(5) of the Maharashtra Public Universities

Act, 2016 defines “autonomy” as follows :­

“2. (5) “autonomy” means a privilege of the university conferred by the Statutes to permit a college, institution or a university department to conduct academic programmes and examinations, develop syllabus for the respective subjects and issue certificates of passing the examinations;”

    Section 122 of this Act provides that a University

Department, institution, affiliated college, or recognized

institution  may apply to the  University for grant of

autonomous status. As per sub­section (1) of Section

122, the Management Council, on the recommendation

of the Academic Council, may confer the autonomous

status.

Section 122 reads as follows: ­

“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. (2)  Autonomous university  department  or institution or affiliated college or recognized institution  shall

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function  with the objectives  of  promoting  academic freedom and scholarship on the part of teachers and students  which are essential to the fostering and development  of  an intellectual climate conducive to the pursuit of scholarship and excellence. (3) The autonomous university department or institution or affiliated college or recognized institution,  may constitute its authorities or bodies and exercise the powers and perform the functions and carry out the administrative, academic and other activities of the university, as may be prescribed by the Statutes.  (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. The autonomous university department or institution or affiliated college or recognized institution shall have full academic and administrative autonomy subject to the provisions of this Act and Statutes and the guidelines issued by the University Grant Commission, from time to time.”

(emphasis supplied)

   The  aforesaid  provisions of the  2016  Act clearly

indicate that it is the University which is empowered to

grant autonomous status to its Departments.  

  Statute 604 of the University of Mumbai empowers

the University to grant autonomous status initially for

a period of 5 years, and then to extend it for a further

period of 5 years, subject to the procedure prescribed

in Statutes 598 and 600.

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   The Application for extension of autonomous status

has accordingly been made by JBIMS as a Department

of the University, which is pending consideration

before the University.  

12. The decision of JBIMS to apply for extension of its

autonomous status was taken by its Board of Management

on 15.02.2019,  well  before the admissions process  for the

MMS Course commenced for the academic year 2019­2020.

Accordingly, the Directorate of Technical Education was

requested not to include JBIMS in the said process. JBIMS

after some delay, had addressed a letter dated 25.05.2019 to

the  Vice  Chancellor of the  University for extension of its

autonomous status, which was followed up by letters dated

27.06.2019 and 28.06.2019. 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 continued 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.

In our opinion, it would be unjust and unfair to the

meritorious Respondent­Students. Admittedly, JBIMS has

enjoyed  autonomous status for the last 5 years,  whereby

Home University  students  and  students from  the  State  of

Maharashtra being covered by the 85% State quota, had an

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equal opportunity to compete for admission. It would harm

JBIMS as an institution of national repute, and cause

disillusionment and resentment amongst the meritorious

students, if the  admissions  are  not  made on  the  basis  of

merit in the CET. Accordingly, we direct that for the current

academic year 2019­2020, admissions would be made as per

the Judgment of the High Court.

13. The Directorate of Technical Education and the CET­Cell are

hereby directed to conduct the admissions process in

accordance with the ranking of the students as per the Merit

List published by CET­Cell, by treating JBIMS as an

Autonomous Department of the University of Mumbai.

   It is therefore directed that the online admissions process

be carried out within a period of 2 weeks from the date of the

present Order. The candidates may be granted 1 week

thereafter to take admission in the respective colleges

thereafter.

14. Keeping in view the various issues  which  have  arisen for

consideration, and since the Writ Petition was decided

without calling for counter affidavits, we deem it appropriate

to remit the matter to the High Court for determination of the

issues of law pertaining to applicability of the 2016 Act, and

the 2018 UGC  Regulations. Since these issues were not

specifically raised before the High Court, and the UGC was

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not represented, it would be appropriate for the High Court

to consider these issues.

   We clarify that we have not expressed any opinion on the

merits of the matter. The findings rendered by us are of a

prima facie  nature,  in order to ensure that the admissions

process for the current academic year 2019­2020 does not

get stalled any further.

15. We extend our gratitude to Mr. Maninder Singh, Sr. Adv. who

very ably assisted this Court as  amicus curiae  on short

notice.

The Civil Appeal is accordingly disposed of.

All pending Applications, if any, are accordingly disposed of.

Ordered accordingly.

.......................................J. (INDU MALHOTRA)

...…...............………………J. (SANJIV KHANNA)

September 02, 2019 New Delhi

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