DRAVIDIAN UNIVERSITY Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The Petitioner/University, which is a State University established by the Government of Andhra Pradesh by the Dravidian University Act, 1997, has preferred the present petition seeking a direction to the Respondent No. 2/University Grants Commission (hereinafter referred to as "UGC") to recognize its Open and Distance Learning (hereinafter referred to as "ODL") programme for the academic years 2016-17 and 2017-18. The Petitioner has also sought quashing of letter dated 30. 05. 2017 (hereinafter referred to as the "Impugned Letter"), vide which the Respondent No. 2 declined the Petitioner's application for offering a ODL programme and had advised it to not take admissions in any such programme without the prior approval of the Respondent No. 2, failing which the consequences of such admission would be the sole responsibility of the Petitioner.

(2.) Before delving into the facts relevant for deciding the present petition, it may be noted that the Court had to rely on the facts that emerge from the Writ Petition and accompanying documents, since the Respondent No. 2 did not file any counter affidavit despite repeated opportunities. On 15. 0 2018, learned counsel for the Respondent No. 2 made a statement that he would make submissions on the basis of pleadings already on record and, therefore, this Court was compelled to close the Respondent No. 2's right to prefer a counter affidavit. Both the parties have, however, filed detailed written submissions which have been duly considered by this Court.

(3.) The facts as emerge from the record are that the Petitioner claims to have been established to cater to the needs of underprivileged students from the neighboring rural areas and, since its inception, has been successfully offering ODL courses through its study centers all across Andhra Pradesh. The Petitioner submits that it has become popular with all those students who could not afford to attend regular courses due to family circumstances and had to drop their further education due to poverty. The Petitioner claims that currently it has 105 study centers across Andhra Pradesh, and has been providing education to over 1300 students by way of regular mode of education in its campus area, while about 6000 students are enrolled with its ODL programme. The Petitioner categorically states that it has not granted any affiliation to any college or Institute and is only running its own study centers. It also submits that its ODL programme had been duly recognized by the Respondent No. 2 for many years, after physically verifying its available infrastructure, and it was vide letter dated 18. 0 2016 that the Petitioner was asked by the Respondent No. 2 to submit a fresh application in the prescribed format for seeking recognition of its ODL programme for the academic year 2016-17.