CANARA TECHNOLOGIES LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) DIPAK Misra, J. Regard being had to the similitude of questions of law involved in the writ petition as well as in the writ appeal they were heard analogously and are disposed of by this singular order. For the sake of clarity and convenience the facts in the writ petition are adverted to herein.

(2.) THE petitioner is a company incorporated under the Companies act, 1956 having its registered office at Chandigarh. The said company has set up study centres on behalf of Madhya Pradesh Bhoj (Open) University, respondent No. 2 herein, at Ludhiana and Chandigarh. The said study centres commenced their functioning in the year 2003. The said University had come into existence by the Madhya Pradesh Bhoj (Open) University Adhiniyam, 1991 (for brevity 'the 1991 Act' ). It had set up its various study centres all over India under the Distance Education Programme undertaken by it. The said University authorised only such study centres which met the prescribed norms/parameters for setting up of such study centres and for imparting education/training to the students enrolled therein. The study material was provided by the respondent no. 2. After completion of the study course the University allotted the roll numbers and the eligible candidates were admitted to the examination conducted by the University and were awarded degree/diploma by it depending upon the course undertaken by the study centres. After following the said procedure the respondent University had approved the setting up of two study centres in the name and style of Canam Academy at Ludhiana and Chandigarh. In this regard an agreement was entered into between the petitioner and the university as per Annexure P-1, dated 8-8-2003. The agreement was for a period of five years and to remain in force till the year 2008.

(3.) IT is pleaded that in terms of the aforesaid agreement dated 8-8-2003 two study centres were established at Ludhiana and Chandigarh. The courses authorised at the said centres were M. Sc. (Physics), M. Sc. (Chemistry) (2 years), M. Sc. (Botany) (2years), M. Sc. (Maths) (2years), M. Sc. (IT) (2years), m. Com. (Management) (2 years), M. A. (English) (2 years), M. A. (Political science) (2 years), M. A. (History) (2 years), M. A. (Sociology) (2 years), B. Sc. (Biology), B. Sc. (Maths), B. Sc. (IT), B. Com. , B. A. , MBA, BBA, BCA and various other Postgraduate Diplomas and Degrees and the duration of the course was two years.