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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Whether universities can be permitted to conduct distance learning course beyond its own territorial jurisdiction?

In a subsequent decision in Kurmanchal Institute of Degree & Diploma (supra), the Supreme Court held, while construing the provisions of the UGC Act and the Uttar Pradesh Universities Act 1973, that each University in the country, though recognized by UGC, must have its own territorial jurisdiction, save and except for Central Universities or those specified in legislative enactments. In that context, the Supreme Court observed as follows:

"The submission of the learned counsel that for the purpose of running a distance education course, extra-territorial activities must be carried out may not be entirely correct. It is one thing to say that the University takes recourse to the correspondence courses for conferring degrees or diplomas but it would be another thing to say that study centres would be permitted to operate which requires close supervision of the University. In a study centre, teachers are appointed, practical classes are held and all other amenities which are required to be provided for running a full-fledged institution or college are provided. Such an establishment, in our opinion, although named as a study centre, and despite the fact that the course of study and other study materials are supplied by the University cannot be permitted to be established beyond the territorial jurisdiction of the university."

Allahabad High Court

Akhtar Ali Ansari & Anr. vs State Of U.P.& 3 Ors. on 13 August, 2015

Bench: Dhananjaya Yeshwant Chandrachud, Chief Justice, Dilip Gupta, Yashwant Varma

Case :- WRIT - A No. - 60876 of 2013
 

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