LAWS(P&H)-2012-11-152

KARTAR SINGH Vs. UNION OF INDIA AND OTHERS

Decided On November 06, 2012
KARTAR SINGH Appellant
V/S
UNION OF INDIA AND OTHERS Respondents

JUDGEMENT

(1.) We are called upon to examine in this bunch of petitions, the inter-relation; contradictions, if any, and the role of the authorities under the three Central Statutes i.e. University Grants Commission Act, 1956; Indira Gandhi National Open University Act, 1985 and All India Council for Technical Education Act, 1987, particularly in respect of technical/professional courses through the Distance Education Mode by (i) Vinayaka Mission's Research Foundation, Salem, Tamil Nadu; (ii) IASE Gandhi Vidya Mandir, Sardar Shahar, Rajasthan; (iii) JRN Vidyapeeth, Udaipur, Rajasthan; and (iv) Allahabad Agriculture Research Institute, Allahabad, U.P.

(2.) Number of writ petitions and appeals have been listed for hearing before this Bench, however, for facility of reference, the facts are primarily taken from CWP No.1640 of 2008 i.e. a public interest petition, in which the main prayer is for directing the respondents to stop the illegal educational Institutes imparting degrees in professional courses through the medium of distance education and to take action against the Centres established beyond the territorial jurisdiction of such Institutes. Though some of the facts are taken from CWP No.2858 of 2008 claiming the similar relief, but in respect of the Institutions located in the State of Punjab and LPA No.593 of 2010, wherein challenge is to an order dated 13.01.2010 passed by the learned Single Judge of this Court in CWP No.1405 of 2009 holding that the degree in Engineering obtained through the medium of distance education mode is a valid degree for the purpose of public appointments.

(3.) The issues are common in all these cases in respect of Degrees granted through the medium of Study Centres by the Deemed to be Universities without any approval from the regulatory bodies and beyond the territorial limits of such Universities. Therefore, the aforesaid writ petitions and appeals as well as other connected cases, as mentioned in the schedule attached at the foot of this order, are being disposed of by this common order. We consider it appropriate to extract relevant provisions of the Statute, Rules, Regulations and guidelines issued by the statutory authorities as well as the stand of the Deemed to be Universities in the first instance.