LALIT NARAYAN MITHILA UNIVERSITY Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

(2.) The present writ petition has been filed for quashing the public notice dtd. 12/10/2020 issued by the University Grants Commission (hereinafter referred to as the "UGC"), whereby and where under though the recognition of the higher educational institution named therein has been continued for a period of one year i.e. for the academic session 2020-2021 starting from July 2020 and January, 2021 for offering those programmes under ODL mode which were already recognized for the academic session 2019-2020, as per regulation 3 (A) of the UGC (Open and Distance Learning Programmes) Regulations, 2020 (hereinafter referred to as the "Regulations, 2020") however, the name of the petitioner no. 1 institution has been left out. The petitioners have further prayed to direct the respondents no. 2 to 5 to allow the petitioner no.1 University to take admission for the Session beginning from July, 2020 onwards by relaxing the condition/ criteria mentioned in Part-II, Clause-3(A) of the Gazette notification dtd. 4/9/2020, as far as Open and Distance Learning Programme and Online Programmes for the Session 2020-2021 are concerned.

(3.) The brief facts of the case are that the petitioner no. 1 was established on 5/8/1972 by the State Government and was subsequently recognized by the U.G.C. The petitioner no.1 University had then established the Directorate of Distance Education to provide Distance Education Programmes as per the Rules in the year 1998 and the same was recognized by the Apex Body of distance education namely Distance Education Council, New Delhi in the year 2007. Thereafter, the petitioner no.1 University had opened several professional/ traditional courses and has been awarding degrees to the successful candidates, duly recognized by the respective bodies under the scheme of U.G.C. The Directorate of Distance Education of the petitioner no.1 University was being regularly inspected by the Apex Body i.e. Distance Education Council/ Distance Education Bureau and extension and recognition to provide education through open and distance learning programme has been continuously granted to the petitioner no. 1 University since the year 2007. It has been stated that the petitioner no. 1 University had undergone NAAC accreditation in the year 2010 for five years and again in the year 2015 NAAC accreditation was conducted and it was awarded Grade-B with 2.46 CGPA points on 4 point scale which was to expire in the month of June 2020. It is submitted by the Ld. Counsel for the petitioner that on account of Covid-19 Pandemic, the NAAC accreditation had been extended by a period of six months i.e. up to December 2020 by a notice dtd. 9/4/2020, issued by the respondent no.6. It is also the case of the petitioners that self studies report (hereinafter referred to as "SSR") could not be submitted in time for further accreditation to the NAAC on account of Covid-19 pandemic, hence the Distance Education Bureau did not permit the Directorate of Distance Education of the petitioner no. 1 University to admit students from the academic session 2020-21 by conveying its decision to the petitioner no.1 University by an email dtd. 30/6/2020.