Madras HC rejects HRD Ministry's appeal
PTI | 10:01 PM,Jan 26,2012Chennai, Jan 26 (PTI) The Madras High Court has upheld a single judge's order directing the Centre to consider a deemed university's proposal of 2007 to set up an off-campus centre in Tiruchirappalli by applying the University Grants Commission (UGC) guidelines which existed prior to 2010. A bench comprising Chief Justice M Y Eqbal and Justice T S Sivagnanam in their recent order said that as noticed by the single Judge, though Section 26(3) of the UGC Act conferred power to make a regulation, including with retrospective effect, no retrospective effect should be given to any regulation so as to prejudicially affect the interest of any person to whom it may be applicable. The Bench was dismissing an appeal by the Human Resources Development Ministry challenging the single judge's order on a petition by SRM University (Deemed) near here directing the Ministry to consider its application in the light of the UGC's recommendations of September 2009 to the Centre clearing the proposal. The Ministry claimed that the single Judge was wrong in directing the universitys application to be considered under the old guidelines after the same had been superseded by the 2010 regulations. The university, however, submitted that grave prejudice was caused to it on account of the ministry's direction to apply afresh under the 2010 regulations as the news rules came into force during the pendency of its proposal. The university said the power under the regulation itself was prospective and could not prejudice anyone. MORE PTI GR VS
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