SYMBIOSIS OPERN EDUCATION SOCIETY AND SYMBIOSIS SKILLS AND PROFESSIONAL UNIVERSITY Vs. UNIVERISITY GRANTS COMMISSION

JUDGEMENT

(1.) Rule. By consent of parties, Rule is made returnable forthwith, and taken up for hearing and final disposal.

(2.) The challenge in this Writ Petition is to the constitutional validity of four provisions contained in the University Grants Commission (Open and Distance Learning Programmes and Online Programmes) Regulations, 2020 ('Distance Learning Regulations'), subordinate law made under the University Grants Commission Act, 1956 ('UGC Act').

(3.) The provisions under challenge stipulate two entry barriers for offering undergraduate and postgraduate programmes (collectively, 'programmes') through the 'open and distance learning' ('ODL') mode and the 'online' ('OL') mode. First, any 'Higher Educational Institution' ('HEI') Defined in Regulation 2(n) of the Distance Learning Regulations, to mean universities and deemed universities under the UGC Act. must meet a certain basic accreditation score or ranking as a condition precedent for offering programmes through the ODL and OL modes. Second, the programme proposed to be offered through the ODL or OL mode should also be on offer in the 'conventional mode' Defined in Regulation 2(f) of he Distance Learning Regulations i.e. through face-to-face interaction between the teacher and the learner in the regular classroom environment, and one batch should have passed out from such programme.