KUMAON INSTITUTE OF EDUCATION Vs. UTTARAKHAND OPEN UNIVERSITY

JUDGEMENT

(1.) Heard Mr. C.S. Rawat, learned counsel for the appellant-writ petitioner, Mr. Yogesh Pandey, learned Standing Counsel for the first respondent-University and Mr. Vikas Pande, learned Standing Counsel for the second respondent-UGC and, with their consent, the Special Appeal is disposed of at the stage of admission.

(2.) This Special Appeal is preferred against the order passed by the learned Single Judge in Writ Petition (M/S) No. 1573 of 2019 dated 21.08.2019. The appellant-writ petitioner herein filed Writ Petition (M/S) No. 1573 of 2019 seeking a writ of certiorari to quash the order passed by the first respondent dated 24.01.2019; a writ of certiorari to quash Regulation 14(1) of the University Grants Commission (Open and Distance Learning) Regulations, 2017 (the "2017 Regulations" for short) in so far as it mandates Study Centres to take affiliation from a University; and a writ of mandamus to direct the first respondent to permit the appellant-institution to continue with the Study Centre, for distance education, for academic session 2019-20.

(3.) The appellant-writ petitioner claims to have entered into a Memorandum of Understanding with the first respondent-University to provide certain facilities for students undergoing distance education from the respondent-University. While the appellant-writ petitioner claims that the said MOU has been renewed periodically, no reference has been made to any such MOU in the affidavit filed in support of the Writ Petition. Be that as it may, the University Grants Commission (for short the "UGC") made the 2017 Regulations in the exercise of its powers under Section 26(1) read with Section 12(j) of the University Grants Commission Act, 1956 (for short the "UGC Act"). The 2017 Regulations came into force, on its publication in the official gazette (The Gazette of India : Extraordinary), on 23.06.2017.