Whether resolution passed by UGC regarding distance learning course is statutory in nature?

As regards the status and legal position of
the UGC, it was held that UGC Act, 1956, under which
it has been created, has a supervening influence over
all other Legislations on the subject of education for
maintenance of minimum standards in the country and
indisputably governs Open University also. Thus, the
resolution adopted in the 40th Meeting of the DEC dated
08-06-2012, Annexure P34, to confine the territorial
jurisdiction of the Private Universities within the
geographical limits of the States of its locations, having
been taken as a consequence of a policy decision of the
Government of India, it cannot be held to be
unauthorised and invalid. The policy decision
ultimately crystallised in the form of Order dated 29-
12-2012, Annexure R4. This Order having been issued
by the Ministry of Human Resource Development, 

Department of Higher Education, Government of India,
Respondent No.1, in exercise of its powers under SubSection
(1) of Section 20 of the UGC Act, 1956,
assumes a statutory character and would be considered
as part of the main Statute, i.e., UGC Act, 1956, and
binding upon all Universities irrespective of whether the
other Statutes including the ones under State
Legislations provide otherwise. This is so far as the
questions of law are concerned.
THE HIGH COURT OF SIKKIM : GANGTOK

S.B. : HON’BLE MR. JUSTICE S. P. WANGDI, JUDGE

WP(C) No.08 of 2015
Petitioners : 1. Mr. Pralhad Dani Chhetri,


 versus
Union of India


(29th June, 2015)
Citation:AIR 2016 (NOC) 560 skm

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MALE STUDENTS CAN NOW FILE SEXUAL HARASSMENT COMPLAINTS AS PER NEW UGC REGULATIONS

The University Grants Commission has notified India’s first gender-neutral Regulations relating to Sexual harassment. New UGC regulations on Sexual harassment prevention and prohibition which was notified last month, has made sexual harassment a gender neutral affair and now male students and students of the third gender in universities can also lodge complaints against sexual harassment faced by them. 

The UGC (Prevention, prohibition and redressal of sexual harassment of women employees and students in higher educational institutions) notified recently says that it is the responsibility of Higher Educational Institutions to ‘act decisively against all gender based violence perpetrated against employees and students of all sexes recognising that primarily women employees and students and some male students and students of the third gender are vulnerable to many forms of sexual harassment and humiliation and exploitation’ 

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