DAYALBAGH EDUCATIONAL INSTITUTE Vs. UNIVERSITY GRANTS COMMISSION

JUDGEMENT

(1.) The petitioner Dayalbagh Education Society, a deemed university vide the present petition has sought the quashing of orders dated 5.11.2018 and all actions and procedure adopted by the respondent No.1 vide communications dated 15.11.208 and 16.11.2018 pursuant thereto and also seeks that the respondent No.1, the University Grants Commission be directed to remove the difficulties by virtue of powers conferred under Regulation 21 of the UGC (Open and Distance Learning) Regulation, 2017 for implementation of condition (i) of Regulation 3 (1) which is part of the Part-II from the date of Notification as per Regulation 1 (4) of the said Regulations.

(2.) The petitioner is a deemed university and submits that it has been accredited by the NAAC from time to time and that its recognition to run the MBA programme in Open & Distance Learning Mode (hereinafter referred to as 'the ODL mode') has been illegally and arbitrarily withdrawn by the UGC for the session 2018-19, which was granted and uploaded on the UGC website on 17.10.2018 as per procedure and thereafter the UGC started proceedings in violation ofthe procedure prescribed in the UGC (ODL)Regulation 2017.

(3.) The petitioner has submitted that as there are no regulations of the AICTE till date providing approval of the MBA professional programmes in the ODL Mode, the same has resulted into freezing of the said MBA professional programme to be offered by the HEIs in the distance mode. The petitioner has submitted that in the AICTE Regulations presently there is no distinction for the mode of delivery and that the AICTE determines and maintains the standards of quality for the relevant area of higher education to offer a particular course generally.