Manipal University vs Union Of India

2. Two medical colleges were established by Manipal Academic Higher Education in 1953 and 1955 at Manipal and Mangalore. In the year 1978, the UGC recommended to the first Respondent to grant status of Deemed University to Manipal Educational Complex consisting of medical & engineering colleges which was rejected on the ground of paucity of funds. The UGC enquired whether the Appellant would be able to raise the resources if permission was granted for admission of foreign and Indian students in the ratio of 60:40 and sought an undertaking to that effect. The Appellant informed the UGC that it would not seek any aid if it was permitted to make admissions in the ratio of 60:40. The first Respondent granted permission to the Appellant on 12.08.1991 to admit 350 foreign students out of total intake of 550 students for that year.

3. The first Respondent declared the Appellant as a Deemed University on 01.06.1993. Two medical colleges, two dental colleges and one nursing college at Manipal and Mangalore were part of the Appellant University. The General Body of the second Respondent considered the continuance of recognition of MBBS degree granted by the Appellant on 2 27.08.2002. The Appellant was asked to show cause why action should not be initiated for making admissions to the NRI quota in excess of 15 per cent of the intake in violation of the directions of this Court. After consideration of the explanation of the Appellant, the Second Respondent by its letter on 27.09.2002 requested the first Respondent to withdraw the recognition of MBBS degree granted by the second Respondent for not following the directions of this Court regarding the admission of NRI/foreign students. The first Respondent did not take any action as recommended by the Second Respondent.

13. As we have held that that the direction issued by the second Respondent in its letter 08.02.2005 is vitiated as it suffers from the vice of lack of jurisdiction, it is not necessary to deal with the other submissions made on behalf of the Appellant. We also take note of the fact that the direction issued by the Medical Council of India was not implemented either for the years 2005 to 2008 or thereafter.

14. For the aforementioned reasons, the direction issued by the second Respondent to the Appellant not to make admissions to the extent of 103 NRI seats for the years 2005 to 2008 is declared ultra vires and without jurisdiction. The Appeal is allowed. No costs.

........................................J [S. A. BOBDE] ..……................................J [L. NAGESWARA RAO] New Delhi, July 3, 2017 11 ITEM NO. 1501 COURT NO. 8 SECTION IV-A (For judgment) S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal ©. No(s) 21772/2o12 (Arising out of impugned final judgment and order dated 19.12.2011 in WP No. 12673/2005 passed by the High Court of Karnataka at Bangalore) MANIPAL UNIVERSITY AND ANR. Petitioner(s) VERSUS UNION OF IDNIA AND ANR. Respondent(s) Date : 03/07/2017 This matter was called on for pronouncement of judgment today.

For Petitioner(s) Mr. Lakshmi Raman Singh, Adv. For Respondent(s) Mr. Gaurav Sharma, Adv.

Mr. Dhawal Mohan, Adv.

Mr. Amandeep Kaur, Adv.

Mr. Prateek Bhatia, Adv.

Ms. Vara Gaur, Adv.

Mr. G.S. Makker, Adv.

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Hon'ble Mr. Justice L. Nageswara Rao pronounced the judgment of the Bench comprising Hon'ble Mr. Justice S.A. Bobde and His Lordship. Leave granted.