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Vashi2Panvel.com: Navi Mumbai: April 17: Rai University students are still walking the razor's edge. Would they be able to get their degrees is a thought that plagues them even as their college management and Mumbai University slug out the finer points that are getting into the way of Rai University being affiliated to Mumbai University. Vashi2Panvel.com correspondent recently took an exclusive interview of the Director of the Rai University Mrs.Savita Senger, to get the final picture of situation. Here are the excerpts of this interview:

Vashi2Panvel:What action is taken by you after affiliation was quashed in September '05?
DIRECTOR: After the judgment on 7th Sept.'05, we made an application next day itself to Maharashtra Government, with a copy sent to Mumbai University.

Vashi2Panvel: When do you think Rai University will get the affiliation?
DIRECTOR: Under present circumstances, I can not mention exactly when we will get the affiliation. Right authorities are working on it. We are very hopeful to get within few months.

Vashi2Panvel: We understand, Mumbai University appointed committee has visited your campus. What are their findings?
DIRECTOR: Yes, the expert committee from Mumbai University visited our campus on 1st and 17th February '06. After that we have not received any official document or report.

Vashi2Panvel: We have heard that the academic council of Mumbai University which visited your institute, has given a negative report, is it correct?
DIRECTOR: We have not received any official communication on this matter. We are not even aware about the report submitted by Mumbai University to Government, as such we will not comment on this.

Vashi2Panvel: Mumbai University does not offer courses like B.Tech., M.Tech. in engineering , BA in tourism, M.Sc. in food technology etc. Yours course syllabus is also different, how will these differences be overcome?
DIRECTOR: Yes, what you say is correct, our syllabus and courses are little different from that of Mumbai University. However we have submitted mapping of curriculum with Mumbai University and one with us. They do have BE Electronics, Biotechnology etc. while B.Tech can be considered equivalent to BE.

Vashi2Panvel: What is parents' opinion on affiliation?
DIRECTOR: Well parents, students and our management all have a common objective - students should get degrees without loosing a year. All are working in the same direction, as such result will be certainly positive.

Vashi2Panvel: The vice chancellor of Mumbai University Mr. AD Sawant has said that they have no right to introduce any course, subject or college without permission of Government, what will you like to say on this point?
DIRECTOR: I have met them earlier, they are all positive. However on this particular statement we cannot comment.

Vashi2Panvel: We have heard that hostels are not in good shape, what will you like to say on this issue?
DIRECTOR: We have offered very good hostel accommodation you can come and see yourself?

Vashi2Panvel: In spite of the affiliation cancelled now, you are still taking hostel and college fees. Why?
DIRECTOR: When hostelite students are using all facilities like entertainment, electricity, water etc. they have to pay for it. Regarding college fees when they are using all academic facilities, attending classes, they have to pay towards expenses for staff salaries, electricity, water etc. if we do not take fees we may have to shut down the show, even before we get affiliation.

Vashi2Panvel: You are still advertising and continuing to take fresh students under such conditions, why?
DIRECTOR: We have not taken students for degree courses after affiliation was quashed. However we are taking students only for short term courses.

Vashi2Panvel: It is a general complaint from students that your management is not communicating to them in black and white on the matter of affiliation. Is that correct?
DIRECTOR: We regularly communicate the outcome of our all meetings. Regarding other matters when we have ourselves not received any information in black and white from Government or Mumbai University, how can we communicate to them.

Rai University: The Story So Far:


The former Rai University with its main campus in Raipur, Chhattisgarh, was amongst almost 112 other private universities which were constituted under the Chhattisgarh Niji Kshetra Vishwavidyalaya Adhiniyam, 2002 (Chhattisgarh Private Universities Act, 2002). The Rai University had setup 18 off-campus centres outside Chhattisgarh including the Navi Mumbai Centre.

The Rai University Navi Mumbai Campus was established under the aegis of Maharashtra Education Foundation (MEF), which in turn was under the former Rai Foundation. The Campus is located at Sector 11, CBD Belapur Navi Mumbai. The CBD campus accommodates more than 200 hostellers. The institution has facilities for Biotechnology, Electronics, Chemistry, Fashion Design,Architecture Design etc.

The Campus started advertising since February 2003 and has been attracting students from in and around Maharashtra. The students enrolled in 2003 were about 500, followed by another 800 or so during 2004, bringing the total strength to around 1,300+ (Including students transferred from other Campuses). These 1,300+ students were part of about 5,000+ students enrolled in Rai Universities Centres across India.

The validity of the Chhattisgarh Private Universities Act, 2002 was challenged in the Supreme Court by Prof. Yashpal (Writ Petition (Civil) 19 of 2004) the then Chairman of the Universities Grants Commission.

Prof. Yashpal pleaded that the Chhattisgarh legislation granted extra-territorial powers to the state of Chhattisgarh enabling it to permit State Universities to set up and run centres outside the state. He pointed out that a few such Universities were found grossly lacking in infrastructure. In the light of such evidences, a bench comprising CJ Lahoti, Justice G. P. Mathur and Justice Balasubramanyam of the Apex court passed the following orders on the 11th February 2005 (Para 45) " As a consequence of the discussion made and the findings recorded that the provisions of Sections 5 and 6 of the Act are ultra vires and the Gazette Notifications notifying the Universities are liable to be quashed, all such Universities shall cease to exist." Despite the order to shut down such Universities, the Apex court ruled in the favour of students, Para 45(contd.) "In order to protect the interests of the students who may be actually studying in the institutions established by such private Universities, it is directed that the State Government may take appropriate measures to have such institutions affiliated to the already existing State Universities in Chhattisgarh. We are issuing this direction keeping in mind the interest of the students and also Sections 33 and 34 of the Act, which contemplate dissolution of the sponsoring body and liquidation of a University where under responsibility has to be assumed by the State Government."

Para 46 says "If any institutions have been established by such Universities, steps may be taken for their affiliation to already existing State Universities in accordance with the direction contained in paragraph 45 above. Parties would be at liberty to approach the High Court if any dispute arises in implementation of this direction."

The management at Navi Mumbai campus assured the students that the management was on top of the situation and remedial steps were underway, to temporarily affiliate all Rai University (RU) Campuses to existing state Universities in Chhattisgarh, namely, Pt. Ravi Shankar Shukla University or Guru Ghasidas University.

The State of Chhattisgarh finally short-listed 7 Institutions of the erstwhile Universities in Chhattisgarh for affiliation, of which RU, Raipur was a part. They were being granted affiliation on an interim basis i.e., "affiliation is granted till the last batch of students pass out."

Non-granting of affiliation to institutions outside the state of Chhattisgargh set panic among students. Their fears compounded when the petition filed by the management against non-granting of affiliation was unfavourably dismissed.

The panic-stricken students of the Navi Mumbai campus formed their voluntary organisation known as the Students Welfare Council (SWC) and united under its banner to protect the interests of the students of the Mumbai Centre of RU.

The students first approached the Supreme Court and filed an Intervention Application No. 18 under W.P. No. 19 of 2004. The students prayed that the Government should intervene to protect the interests of students. The SWC pleaded that students should not be penalised for joining a University that was setup and run under the Government. The SWC prayed "in case State of Chhattisgarh failed to provide relief, then the RU centre at Navi Mumbai be affiliated to Mumbai University, as it fell in its area of Jurisdiction."

The Apex Court in its 7th September 2005 judgment, clarified the following.

Para 10 "The institutions of the erstwhile private universities, if otherwise eligible, may apply and seek affiliation with any other university which has jurisdiction over the area where the institution is functioning and is empowered under the relevant Rules and Regulations and other provisions of law applicable to the said university to grant affiliation"

In favour of the students the court ruled, Para 10 "The decision on the application may be taken expeditiously in the interest of student community and there should be no prolonged uncertainty about their future "

To the students who filed the Application, the court ruled, I.A. No. 18 Of 2005 "It is always open to the applicant or any other student to approach the State Government for appropriate relief"

Consequent to the above Judgment, the management approached the Mumbai
University and submitted an application seeking affiliation to Mumbai University. Encouraged by such a positive development, the students continued attending classes.. Meanwhile, the SWC submitted an appeal to the President, Prime Minister, Union HRD Minister, UGC, AICTE and DTE Heads and all concerned State Government Officials including the Mumbai University requesting their intervention to expedite the process. The SWC also personally met Chief Minister Vilasrao Deshmukh, the Higher Education Minister, the Joint Secretary Higher Education Ms. Joyce Shankaran, Dr. J. P. Dighe, Dr. Arun D. Sawant and many others with a request to steer the issue to a speedy resolution.

At the end of the semester, students grew concerned about the lack of progress in the matter and out of these 1300 students, about 200 left the campus giving up hope and thereby losing a few years of their studies and sustaining a heavy financial loss. Faced with an absolutely uncertain future, the SWC was left with no option but to approach the High Court of Mumbai and seek necessary relief as prescribed by Supreme Court.

The students filed a Writ Petition (L) 108 of 2006 before the High Court of Mumbai on 17th January 2006. The Judgment delivered on 31st January 2006 in essence stated that, Step 1 - Inspection Committee, once assembled by the Academic Council of Mumbai University visits campus on 1st February 2006.

Step 2 - Inspection Committee, carries out necessary investigations and files report within a three week timeframe to the Vice Chancellor (roughly the report is submitted by around 20th February 2006).

Step 3 - Academic Council meetings need to be announced at least two weeks prior to the meeting with every member being given a copy of the report; therefore announcement of meeting happens around the same time.

Step 4 - Academic Council meets on and around the 10th March 2006.

Step 5 - Academic Council after deliberations forwards the report to the State Government.

Step 6 - The State Government takes a decision on the matter of affiliating the former RU Mumbai centre to Mumbai University preferably within two weeks of its receiving the report.

Finally the Bench also stressed that whatever decision taken must be taken especially keeping in mind the benefit of the students and related factors.

The students have reposed their entire faith in the Government and the judicial framework of our nation. The progress though painfully slow, has always favoured the students. However, the students face absolute uncertainty about their future.

Umesh Malviya