CWP No.1640 of 2008 (O&M) (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 06.11.2012 CWP No.1640 of 2008 Kartar Singh …..Petitioner Vs. Union of India & others …..Respondents CORAM: - HON’BLE MR. JUSTICE HEMANT GUPTA HON’BLE MR. JUSTICE RAJIV NARAIN RAINA Present: - Mr. Satbir Gill, Advocate, for the petitioner. Ms. Ranjana Shahi, Advocate for respondent No.1. Mr. N.R. Dahiya, Advocate, for respondent No.2. Mr. Raghubir Tejpal, Advocate, for respondent No.3. Mrs. Palika Monga, DAG, Haryana, and Mr. Kshitij Sharma, AAG, Haryana, for respondent Nos.4,5,6,7 and 8. Mr. Ashwani K. Mata, Senior Advocate, with M/s Deepak Kanwar, Sudhir Kumar and Razeev Prasad Dubey, Advocates, for respondent No.10. Mr. S.K. Monga, Advocate, for respondent No.13. Ms. Anu Chatrath, Advocate, for respondent No.14. Mr. Ravi Kamal Gupta, Advocate, for the applicants. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? CWP No.1640 of 2008 (O&M) (2) HEMANT GUPTA, J. We are called upon to examine in this bunch of petitions, the inter-relation; contradictions, if any, and the role of the authorities under the three Central Statutes i.e. University Grants Commission Act, 1956; Indira Gandhi National Open University Act, 1985 and All India Council for Technical Education Act, 1987, particularly in respect of technical/professional courses through the Distance Education Mode by (i) Vinayaka Mission’s Research Foundation, Salem, Tamil Nadu; (ii) IASE Gandhi Vidya Mandir, Sardar Shahar, Rajasthan; (iii) JRN Vidyapeeth, Udaipur, Rajasthan; and (iv) Allahabad Agriculture Research Institute, Allahabad, U.P. 2. Number of writ petitions and appeals have been listed for hearing before this Bench, however, for facility of reference, the facts are primarily taken from CWP No.1640 of 2008 i.e. a public interest petition, in which the main prayer is for directing the respondents to stop the illegal educational Institutes imparting degrees in professional courses through the medium of distance education and to take action against the Centres established beyond the territorial jurisdiction of such Institutes. Though some of the facts are taken from CWP No.2858 of 2008 claiming the similar relief, but in respect of the Institutions located in the State of Punjab and LPA No.593 of 2010, wherein challenge is to an order dated 13.01.2010 passed by the learned Single Judge of this Court in CWP No.1405 of 2009 holding that the degree in Engineering obtained through the medium of distance education mode is a valid degree for the purpose of public appointments. CWP No.1640 of 2008 (O&M) (3) 3. The issues are common in all these cases in respect of Degrees granted through the medium of Study Centres by the Deemed to be Universities without any approval from the regulatory bodies and beyond the territorial limits of such Universities. Therefore, the aforesaid writ petitions and appeals as well as other connected cases, as mentioned in the schedule attached at the foot of this order, are being disposed of by this common order. We consider it appropriate to extract relevant provisions of the Statute, Rules, Regulations and guidelines issued by the statutory authorities as well as the stand of the Deemed to be Universities in the first instance. I. University Grants Commission – Statute, Regulations, Guidelines and the stand before this Court 4. The University Grants Commission Act, 1956 (for short ‘the UGC Act’) was enacted to make the provision for the co-ordination and determination of the standards in Universities and for that purpose, to establish a University Grants Commission (for short ‘the Commission’). Such Act has been enacted in furtherance of Entry 66 of Schedule I of List VII of the Constitution ( see judgment in Prof. Yash Pal & another Vs. State of Chattisgarh & others (2005) 5 SCC 420 ). Section 2 (f) of the UGC Act defines ‘University’, whereas Section 3 thereof empowers the Central Government on the advice of the Commission i.e. University Grants Commission to declare by notification that any institution for higher education, other than a University, shall be CWP No.1640 of 2008 (O&M) (4) deemed to be a University for the purposes of the Act. The relevant Sections i.e. 2(f) and 3 read as under: “2. In this Act, unless the context otherwise requires – xxx xxx xxx (f) ‘University’ means a University established or incorporated by or under a Central Act, a Provincial Act or a State Act, and includes any such institution as may, in consultation with the University concerned, be recognized by the Commission in accordance with the regulations made in this behalf under this Act.” 3. The Central Government may, on the advice of the Commission, declare by notification in the Official Gazette, that any institution for higher education, other than a University, shall be deemed to be a University for the purposes of this Act, and on such a declaration being made, all the provisions of this Act shall apply to such institution as if it were a University within the meaning of clause (f) of Section 2.” 5. Section 12 of the UGC Act enjoins a general duty of the Commission to take in consultation with the Universities or other bodies concerned, all such steps as it may think fit for the promotion and co- ordination of University education and for the determination and maintenance of standards of teaching, examination and research in Universities, and for the purpose of performing its functions under this Act. The Commission is to allocate and disburse funds and also to perform such other functions that may be prescribed in terms of Clause (j) of Section 12 of the UGC Act. CWP No.1640 of 2008 (O&M) (5) 6. Section 12A was inserted in UGC Act vide Central Act No.59 of 1984, in respect of affiliation and recognition of colleges to the privileges of a University. Section 22 of the UGC Act provides that the right to confer or granting degrees shall be exercised only by a University established or incorporated by or under a Central Act, a Provincial Act or a State Act or an institution deemed to be a University under Section 3 of the said Act. Section 23 prohibits the use of expression ‘University’ unless such University established or incorporated by or under a Central Act, a Provincial Act or a State Act only meaning thereby that a deemed to be University is not entitled to use word ‘University’ with its name. Sections 22 and 23 of the UGC Act read as under: “22. (1) The right of conferring or granting degrees shall be exercised only by a University established or incorporated by or under a Central Act, a Provincial Act or a State Act or an institution deemed to be a University under Section 3 or an institution specially empowered by an Act of Parliament to confer or grant degrees. (2) Save as provided in sub-section (1), no person or authority shall confer, or grant, or hold himself or itself out as entitled to confer or grant, any degree. (3) For the purposes of this section, “degree” means any such degree as may, with the previous approval of the Central Government be specified in this behalf by the Commission by notification in the official Gazette. 23. No Institution, whether a corporate body or not, other than a University established or incorporated by or under a Central Act, a Provincial Act or a State Act shall be entitled to have the word “University” associated with its name in any manner whatsoever. Provided that nothing in this section shall, for a period of two years from the commencement of this Act, apply to an institution which, immediately before such commencement, had the word “University” associated with its name.” CWP No.1640 of 2008 (O&M) (6) 7. In terms of the provisions of the UGC Act, the Commission has framed Regulations for Grant of First Degree through Non- formal/Distance Education on 25.11.1985. Such Regulations are called as “University Grants Commission (The Minimum Standards of Instructions for the Grant of the First Degree through Non-Formal/Distance Education in the faculties of Arts, Humanities, Fine Arts, Music, Social Sciences, Commerce and Sciences) Regulations, 1985” (for short ‘the Non-Formal Education Regulations’). Such Regulations are applicable to every University established or incorporated by the Central Act, the Provincial Act or the State Act and every institution deemed to be University under Section 3 of the said Act. The relevant Regulations read as under: “2. Admission/Students : xxx xxx xxx (2) No student shall be eligible for the award of the first degree unless he has successfully completed a three year course; this degree may be called the B.A./ B.Sc./B.Com. (General Honours/Special) degree as the case may be.” 3. Programme of study: (1) Each lesson shall constitute approximately one week’s reading and there shall be at least 25 lessons in each main subject of study. The lessons shall be despatched to the student at regular intervals. (2) The University shall set up study centres (outside) the headquarters in areas where there is a reasonable concentration of students. Each study centre shall have adequate library facilities (text books, reference materials and lessons and supporting materials). They shall also have qualified part-time instruction/counseling staff to advise and assist the students in the studies and remove individual difficulties. CWP No.1640 of 2008 (O&M) (7) (3) A contact programme of 8-10 days shall be organized in different places where there is a reasonably good number of students, to include lectures and discussions in support of the studies.