PILLARISETTY KANTHI Vs. INSTITUTE OF ADVANCED STUDIES IN EDUCATION DEEMED UNIVERSITY GANDHI VIDYA MANDIR RAJASTHAN

JUDGEMENT

(1.) In this batch of writ petitions, the status of correspondence courses offered by certain deemed universities is at issue. While in some cases, the petitioners complain that the concerned deemed university is not awarding degrees, even after completion of the courses, in others, the grievance is about the non-recognition of such degrees, in the context of admission to other courses, such as B.Ed.

(2.) Till recently, the degrees used to be conferred on regular completion of study in class rooms for the prescribed duration and on the basis of performance in the examination conducted by the respective Universities. The concept of "study off the campus" which is also known as "distance mode" has been invented in the recent past and it has become popular. The Indira Gandhi National Open University created under the Act 15 of 1985 (for short the Open University) is a pioneer in this regard. The study through this method would obviate the necessity for a student, to attend regular classes. In many cases, the qualifications to seek admission into the equivalent of courses through regular mode of study, are relaxed. For instance, if in the regular mode, the qualification for a student to seek admission into under graduate course B.A. is a pass in intermediate or equivalent, for admission into the same course through distance mode is inferior, if not reduced to a considerable minimum. Here itself, it is relevant to mention that while the universities that are in existence for the past several decades have introduced distance mode as an ancillary activity, substantial number of "deemed universities" have taken up it, almost as their principal or exclusive activity.

(3.) The recognition of degrees awarded for courses through distance mode, by other universities presented several issues. The University Grants Commission (for short 'the U.G.C) constituted under the University Grants Commission Act, 1956 regulates the Universities in the Country, as regards the courses that are not governed by the other specialized agencies such as Bar Council of India, Medial Council of India, All India Council of Technical Education (A.I.C.T.E.). The Open University had an important role to play, in relation to the courses imparted through distance mode. Its activities are channelised through what is known as "Distance Education Council" (for short 'the D.E.C). Where the course, though imparted through distance mode, is technical in nature, the A.I.C.T.E. constituted under the A.I.C.T.E. Act 1987 had its own role to play. In certain cases, the approval of all the three agencies referred to above became necessary. To avoid multiplicity of inspections and duplication of work, all the three agencies i.e., U.G.C, A.I.C.T.E andD.E.C. have collectively brought into existence a memorandum of understanding in May 2007. It provided for constitution of a Joint Inspection Committee and issuance of the letters of approval jointly, signed by the three agencies.