Delhi High Court Warns Against 'Offshore Study Centres' Running Without Necessary Approvals, Says It Could Affect Standard Of Education

The Delhi High Court has observed that it would be unwise to allow expansion of “offshore study centres” which are running without necessary approvals from the authorities as it could flourish a market of substandard education and deprive countless individuals from seeking quality education.

Justice Purushaindra Kumar Kaurav said that an “untrammelled proliferation” of such study centres would lead to “devaluation of academic credentials.”

“An even-handed assessment of potential consequences of such a phenomenon would suggest that it would adversely impact the aspirations of students who invest their time and resources into pursuing education through legitimate means,” the court said.

Justice Kaurav made the observations while dismissing a plea moved by one Saurabh Shukla who took admission in 2014 in an offshore campus of Sikkim Manipal University located in Noida in Bachelor of Computer Application (BCA) Programme. He obtained his degree on May 10, 2018.

He was aggrieved by an email whereby his application for admission in Postgraduate Diploma in Book Publishing (PGDBP) was rejected by IGNOU for the academic session 2018-19. He sought a direction on IGNOU to grant him admission in the said course.

He also moved an RTI application in response of which it was stated that the Sikkim Manipal University is a private University established under the State enactment and hence, its operation is restricted within the territorial jurisdiction of Sikkim only.

It was also stated in the email that the degrees obtained from the said varsity through an off campus centre situated beyond the territorial jurisdiction of the Sikkim are not acceptable for academic purposes in IGNOU.

Therefore, it was Shukla’s case that the BCA degree obtained by him from the University does not suffer from any legal infirmity and thus, he must not be denied an opportunity to pursue PGDMS course in IGNOU on the pretext of having an unrecognized degree.

While dismissing the plea, Justice Kaurav observed that while communicating the grant of approval to the Sikkim Manipal University for conducting the distance learning programmes, IGNOU clearly stated that the territorial jurisdiction for the institution shall in no case be outside Sikkim.

The court said that Shukla, by virtue of completing his education through the mode which was neither prescribed nor considered legal, cannot claim admission in the PGDMS course without fulfilling the requisite eligibility.

“It is, therefore, explicitly clear that the concerned regulations governing the institution from which the petitioner had obtained his BCA programme degree through distance education, categorically restrain SMU in clear and unambiguous terms from conducting the said courses outside the periphery of the State of Sikkim,” the court said.

It added that Shukla might have an anticipation for securing admission in PGDMS course, however, the same would not yield a crystallised or an indefeasible right on his part against the admission in the said course without fulfilling the prescribed eligibility.

“In view of the aforesaid, the petition stands dismissed being bereft of merits,” the court said.

Advocates L.B. Rai and Kartik Rai appeared for the petitioner.

Advocate Aly Mirza appeared for IGNOU.

Advocates Apoorv Kurup, Gauri and Shivansu Dwivedi appeared for UGC.

Title: SAURABH SHUKLA v. INDIRA GANDHI NATIONAL OPEN UNIVERSITY & ANR.

Citation: 2023 LiveLaw (Del) 940

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