'Inequitable & Unjust': Calcutta High Court Restrains NUJS From Discontinuing Online Course For Already Enrolled Students

The Calcutta High Court on Monday restrained the West Bengal National University of Juridical Sciences (NUJS) from discontinuing online courses started by it in 2012 for already enrolled students and further opined that degrees and diplomas awarded on successful completion of the courses will be deemed to have been issued with the approval of the University Grants Commission.

In or about in 2012, NUJS had decided to start online courses in various subjects and for proper administration of these courses it took the assistance of a facilitator- an organisation called Ipleaders. Thereafter, IPleaders and NUJS made an arrangement between themselves with regard to allocation of work and responsibilities and the sharing of revenue earned from the students.

Subsequently, numerous students enrolled themselves for these courses which went on till September, 2018. However, these online courses did not have the approval of the University Grants Commission which is why the Executive Committee of NUJS made a decision on September 29, 2018, to stop the courses. 

Thereafter, the aggrieved students had filed a writ petition against the decision to discontinue the courses which was dismissed by the impugned order of a Single Judge Bench dated March 1, 2019. 

A Bench comprising Justice Subhendu Samanta and Justice I. P. Mukerji opined that it would be inequitable to discontinue the courses and accordingly underscored, 

"In our opinion, at this point of time it would be most inequitable and unjust to de-recognise the course cancel it and direct refund of fees. Since on the representation of the University the students had undertaken this method of study and thus altered their position, the doctrine of promissory estoppel would prevent the University from calling off this course. It would also prevent the University Grants Commission from de-recognising it."

The Court further acknowledged that NUJS is a premier institute at the national level for conduct of legal studies and that the degrees and diplomas and other qualifications granted by it are of high value and obviously recognised by the University Grants Commission. However, the Court stated that it appears that the online mode of study may not have been expressly approved by the Commission.

Opining that no student would doubt that a premiere institute like NUJS would not have the approval of the University Grants Commission for conducting the online courses, the Court observed, 

"When a premier institute like the West Bengal National University of Juridical Sciences announces a particular course, no student would ordinarily go behind the announcement and try to verify whether the University Grants Commission had approved it. The students were most likely to presume that such approval had been obtained from the University Grants Commission. On that basis they enrolled themselves. The courses have been continuing from 2012. The students have not only spent money but also extended their time and energy in pursuing the courses."

Accordingly, the Court disposed of the petitions by observing that students who have already enrolled themselves for the online courses from 2012 and not completed it should be allowed to complete the courses if otherwise entitled to do so. The Court however clarified that no new enrolment for the online course shall be permitted, unless expressly authorised by the University Grants Commission.

"In those circumstances, we direct that the students who have already enrolled themselves for the online courses from 2012 and not completed it should be allowed to complete the courses if otherwise entitled to do so. On successful completion of the courses they would be awarded the requisite degrees and diplomas etc., by the University deemed to have been issued with the approval of the University Grants Commission. No new enrolment for the online course shall be permitted, unless expressly authorised by the University Grants Commission", the Court held. 

The Bench further states that this  subsequent development may be brought to the knowledge of the arbitral tribunal deciding an arbitral dispute arising out of an arrangement for implementing the online courses between the University Grants Commission and NUJS. 

Senior advocate Abhratosh Majumdar and advocates Suman Sengupta, D. Basu Mallick, Diptendu Banerjee and Dip Jyoti Chakraborty appeared for the appellants. Senior advocate Pratik Dhar and advocates Ritwik Pattanayak and Pappu Adhikari appeared for NUJS. 

Ipleaders was represented by advocates Arkaprava Sen, Sanghita Mukherjee and Tapas Maity. UGC was represented by advocate Anil Kumar Gupta. 

Case Title: Abhisek Panda & Ors v. West Bengal National University of Juridical Sciences & Ors

Case Citation: 2022 LiveLaw (Cal) 239 

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