LAWS(MAD)-2023-1-372

UNIVERSITY GRANTS COMMISSION Vs. ANNAMALAI UNIVERSITY

Decided On January 20, 2023
UNIVERSITY GRANTS COMMISSION Appellant
V/S
Annamalai University Respondents

JUDGEMENT

(1.) W.A.No.606 of 2015 is an appeal by the University Grants Commission challenging the order of the writ Court in W.P.No.30039 of 2012 dtd. 12/3/2013.

(2.) The said writ petition was filed by Annamalai University, the 1st respondent in the writ appeal challenging the order of the University Grants Commission dtd. 21/8/2012, in so far as it relates to the condition under clause B(8) of the said order as illegal, irrational and without jurisdiction.

(3.) Under the said communication dtd. 21/8/2012, while recognising the distance education programmes offered by Annamalai University, the University Grants Commission had imposed a condition to the effect that the territorial jurisdiction for offering programmes through distance mode will be as per the decision of the Council taken in its 40th Distance Education Council (DEC) meeting. The said decision was to the effect that the territorial jurisdiction of the State Universities (both the Government funded and private) will be as per their Acts and Statutes, but not beyond the boundaries of their respective states. In order to give effect to the above decision, the same was put in a form of condition for recognition and clause B(8) which incorporates the said condition reads as follows:- 8. The territorial jurisdiction for offering programmes through distance mode will be as per the decision of the Council taken in its 40th DEC Meeting. As per decision taken in 40th meeting of the Distance Education Council, the territorial jurisdiction of State Universities (both govt. funded and private) will be as per their Acts and Statutes but not beyond the boundaries of their respective states. Thus the territorial jurisdiction of your university being a State University will be as per the Act and Statutes but not beyond the boundaries of the State of Tamil Nadu.