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Wp(C) 5831/2013

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Wp(C) 5831/2013 1 IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) WP(C) NO.5831/2013 1. Punal Kumar Das S/o Sri Tarun Chandra Das, R/O- Village Dakshin Ganatgari, P.O- Chakchaka Bazar, P.S- Sorbhog, Dist- Barpeta, Assam. 2. Sri Udayan Sarma, S/o Mr. Probin Sarma, R/O- Village Bongaon, P.O- Bongaon, P.S- Kamargaon, Dist- Golaghat, Pin- 785611, Assam. 3. Hemen Kumar Das S/o Lohit Kumar Das, R/O- Village Madanpur, P.O- Loharghat, P.S- Palashbari, Dist- Kamrup(R), Pin- 781120,Assam. 4. Tarique Mahmood S/o Sk. Sultan Mahmood, R/O- Village Azara, Hathkhowapara, Opp. Of GIMT Engineering College, P.O- & P.S- Azara, Dist- Kamrup ( R) Assam. 5. Shri Taufique Ahmed S/o Shri Faziuddin Ahmed, R/O- Village Moidomia, 2 P.S- North Lakhimpur, Dist- Lakhimpur, Assam. 6. Madhumita Barman D/o Lt. Prasenjit Barman, R/O- B.G.R. Township, Quarter No. 521 A, P.O & P.S- Dhaligaon, Dist- Chirang BTAD, Assam. ………………………… Petitioners - Versus- 1. The State of Assam, represented by the Commissioner and Secretary, Higher Education, Assam, Dispur, Guwahati-6. 2. The Director, Higher Education, Assam, Kahilipara, Guwahati-19. 3. The Cotton College State University, represented by the vice Chancellor CCSU, Panbazar Ghy-1. 4. The Registrar, Cotton College State University, Panbazar Ghy-1. 5. The Officer of Special Duty, CCSU, Panbazar Ghy-1. 6. Sikkim Manipal University, represented by the Vice Chancellor, 5th mile, Tadong, Gangtok, 737102, Sikkim, India. 7. The Registrar, Sikkim Manipal University, 5th mile, Tadong, Gangtok, 737102, Sikkim, India. 8. The Head of the Center cum-Managing Director, Sikkim Manipal University, T.R. Phukan road, Choladhara, Jorhat. 3 9. The Kuvempu University, represented by the Vice Chancellor Jnana, Sahyadir, Shankaraghatta- 577451, Shimoga District, Karnataka, India. 10. Head of the Center cum Managing Director, NIIT, Panbazar, (Under Kuvempu University) Ganeshguri, Ghy-6. 11. The Registrar, Kuvempu University, Jnana, Sahyadir, Shankaraghatta-577451, Shimoga District, Karnataka, India. 12. The University Grants Commission, represented by the Secretary, New Delhi-1. ……………… Respondents BEFORE HON’BLE MR. JUSTICE B.K. SHARMA For the petitioners : Mr. M.K. Choudhury, Adv MR. M.U. Mondal, Adv For the respondents : Mr. D. Saikia, AAG Mr. R. Chakraborty, Adv Mr. B. Choudhury, Adv Mr. A. Chamuah, Adv Mr. P.K. Goswami, Adv Mr. B. Jha, Adv Mr. T.P. Rajendra Kr. Adv Mr. D. Choudhury, Adv Ms. U. Bhattachryee , Adv Mr. B. Bora, Adv Date of hearing : 30.01.2014 Date of Judgment : 14.03.2014 4 JUDGMENT AND ORDER (CAV) 1. The challenge in the writ petition filed by six petitioners is the Annexure-K notification dated 19.09.2013 of the Cotton College State University (respondent No.3), by which on the basis of the purported clarifications given by the University Grants Commission (UGC) vide public notice dated 27.06.2013, has cancelled the admission of the petitioners to the MCA Degree Programme under the University. For a ready reference, the impugned notification is reproduced below:- “The University Grants Commission (UGC), vide its public notice no. , F. 27- 1 /201 2 (CPP- II) dated 27th June, 201 3 has clarified that “a central or State Government University can conduct courses through its own departments, its constituent colleges and/or through its affiliated Colleges” and also “a university established or incorporated by or under a State act shall operate only within the territorial jurisdiction allotted to it under its Act and in no case beyond the territory of the State of its location”. Besides, the notice also states that “no University, whether central, state, private or deemed, can offer its programme through 5 franchising arrangement with private coaching institutions even for the purpose of conducting courses through distance mode”. In the said notification, the UGC has also stated that “a private university established under a state act shall be a unitary university. A private University may be permitted to open off campus centres, off- shore campuses and study centres after five years of its coming into existence subject the fulfillment of conditions as laid down under UGC (Establishment of Maintenance of Standards in Private Universities) Regulations, 2003. As of now, the UGC has not granted permission to any Private University to establish off campus/ study centre. In view of the clarifications given by the UGC vide the public notice mentioned above, the provisional admission of students as listed hereunder, to the MCA degree programme of Cotton College State University based on degrees obtained under circumstances not allowed by the UGC stands cancelled. The fees collected from these students shall be refunded. 1 . Ms. Madhumita Barman, Roll No. MCA 09/1 3 2. Mr. Taufique Ahmed, Roll No. MCA 1 2/1 3 3. Mr. Hemen Kumar Das, Roll No. MCA 1 3/1 3 6 4. Mr. Rajkumari Rai, Roll No. MCA 1 5/1 3 5. Mr. Punal Kumar Das, Roll No. MCA 1 8/1 3 6. Mr. Rahul Dey, Roll No. MCA 1 9/1 3 7. Mr. Tarique Mahmood, Roll No. MCA 20/1 3 8. Mr. Udayan Sarma, Roll No. MCA 24/1 3”. The impugned notification having been issued in reference to the public notice dated 22.06.2013, the said public notice (Annexure-G) is also reproduced below for a ready reference:- “The Commission has come across many advertisements published in National Dailies offering opportunities for the award of university degrees though various franchise programmes conducted by certain private institutions. These private establishments claiming themselves as study centres or learning centres of different universities enroll students for various degree programmes and also claim to be responsible for teaching and conduct of examinations. The faculty and the infrastructure belong to these private agencies. The concerned university except providing syllabus and teaching materials, has no mechanism to monitor and maintain the academic standards of education has led to widespread criticism. The Commission has taken a serious view 7 of these misleading advertisements appearing in various newspapers. It is, therefore, clarified for the information of all concerned, including students and parents that: (a) A Central or State Government University can conduct through its own departments, its constituent colleges and/or through its affiliated Colleges; (b) A university established or incorporated by or under a State act shall operate only within the territorial jurisdiction allotted to it under its Act and in no case beyond the territory of the state of its location; (c) The private universities and deemed universities cannot affiliate any college or institution for conducting courses leading to award of its diplomas, degrees or other qualifications. (d) No university, whether central, state, private or deemed, can offer its programmes through franchising arrangement with private coaching institutions even for the purpose of conducting courses through distance mode. (e) All universities shall award only such degrees as are specified by the UGC and published in the official gazette. 8 (f) The Universities shall conduct their first degree and Masters Degree programmes in accordance with the regulations notified by the Commission in this regard. In this connection, the students and the general public are also hereby informed of the following regulating provisions pertaining to different types of universities. A. UGC Regulations on Private Universities A private university established under a state Act shall be a unitary university, A private university may be permitted to open centers, off shore campuses and study after five years of its coming into existence subject to the fulfillment of conditions as laid down under UGC (Establishment of & Maintenance of Standards in Private Universities) Regulations, 2003. As of now, the UGC has not granted permission to any Private University to establish off- campus/study centre. B. UGC Regulations on Deemed Universities A Deemed University shall operate within its Headquarters or from off campuses/ off- shore campuses which are approved by the Government of India through notification published in the official gazette. 9 In the case of distance education programmes, no institution deemed to be university so declared by the Govt. of India after 26th May, 201 0 [date of publication of UGC (Institutions Deemed to be Universities) Regulations, 201 0] is allowed to conduct courses in the distance mode. The institutions deemed to be universities declared before 26th May, 201 0 are not allowed to conduct courses in distance mode from any of its off- campuses approved after 26th May, 201 0. Approval for new courses and extension of approval of the courses already run by the Deemed to be Universities under distance mode would be granted by the UGC subject to the fulfillment of conditions as laid down by the UGC. The UGC has not granted approval to any deemed to be university study centres. Any information/ clarification with regard to recognition of Private Universities/ Deemed Universities and the courses offered by them may be obtained from JS (CPP- I) UGC, Bahadurshah Zafar Marg, New Delhi. C. Distance Education programmes of the Central Universities and State Govt. Universities. 10 The Central/ State Govt. Universities can conduct courses through distance mode in accordance with the provisions of their respective Act and after the approval of the UGC. The information relating to recognized universities list of specified degrees and all the relevant regulations/ instructions/ guidelines of the UGC are available on UGC website: www. ugc. ac. in. The students are, advised not to take admission in the unapproved Study Centres, Off- Campus Centres, Franchisee Institutions, Colleges/ Institutions claiming to be affiliated with Private Universities or Deemed Universities. 2. Basic Facts:- The petitioners No.1, 3, 4, 5 and 6 have passed B.Sc (IT) from Kuvempu University (respondent No.9) through NIIT (respondent No.10), Panbazar and Ganeshguri Centres of Guwahati.
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