'Deemed Universities' Restrained From Offering Distance Programs Through Off-Campus Private Franchises Under UGC Regulations: Rajasthan HC

Rajasthan High Court, in a landmark judgment, has reiterated the applicability of certain notices/circulars and guidelines issued by UGC and Distance Education Counsel (DEC), that restrained deemed to be universities from setting up off-campus centres and imparting education through distance mode.

A single judge bench of Justice Arun Monga was hearing a batch of pleas filed by the Institute of Advanced Studies in Education (IASE) and Janardan Rai Nagar Rajasthan Vidyapeeth (JRN) seeking recognition of various courses/degrees/ diplomas awarded by those 'deemed universities' through distance mode. While delivering the judgment, the court has also asked both institutions to refund the entire fees to students enrolled in courses, off-campus study centres and distance education without UGC's approval.

“…All diplomas and degrees, whether undergraduate, graduate, or Ph.D., introduced without specific approval in new courses or through distance education, apart from those existing at the time of obtaining deemed university status, are declared invalid and unrecognized…Both institutes must promptly close their off-campus study centers and cease offering courses through classroom or distance mode unless prior approval has been obtained”, the bench sitting at Jodhpur reiterated to prevent the 'commercialisation of education'.

As another remedial measure, Justice Monga has held that students who have their degrees/diplomas suspended temporarily can take fresh examinations to be conducted by UGC within a fixed time frame. Until such reinstatement, benefits obtained via such courses will remain suspended, except monetary benefits already received by virtue of their employment arising out of such degrees/ diplomas, the bench said.

The single-judge bench also vacated all previous DEC notifications or interim orders that allowed/upheld temporary approval for such courses, off-campus centres and learning through distance mode.

“….there have been gross violations by the deemed university in not only setting up off-campus study centers offering degrees/diploma in various programs/streams, but even the mandatory requirement of prior approval for introducing the new courses and starting distance education was also not adhered to. The same cannot under any circumstances be countenanced…”, the court clarified.

Other Observations

Regulatory Lapses Made By UGC

The court also came down heavily on UGC for its lackadaisical attitude in ensuring the standards of higher education in India.

“…The UGC, tasked with maintaining the standards of higher education in India, appears to have faltered in its responsibilities. The absence of rigorous inspections and the failure to check the facilities at study centers contributed to a situation where engineering degrees had to be suspended or annulled for the academic sessions from 2001-2005. The need for reform is thus evident…”, the court noted.

Off-Campus Private Educational Franchises

Before discussing the sanctity of education, the perils of its commercialisation, and its detrimental effect on students enrolled in professional courses without recognition, the court turned to examine the concept of off-campus private educational franchises.

“…some of the study centres of IASE were having addresses with mere house numbers. Same addresses appears at 3-4 places, giving the impression that IASE has entered into franchisee arrangements to offer its programmes. Even qualifications of few counsellors were not given”, the court noted.

It highlighted the clear prohibition against deemed universities conducting courses in distance mode, given in UGC (Institutions Deemed to be Universities) Regulations, 2010. Even if the University had obtained prior approval, this regulation would apply to both main campus and off-campus centres, the court clarified.

Given that any collaboration with private institutions cannot be condoned without the previous approval of UGC, there were also concerns raised by DEC about the substandard infrastructure and faculties of off-campus centres, resulting in their non-recognition, the court pointed out. This also resulted in the violation of the UGC Regulations of 1985, the court held.

Analysis Of Decisions in Connected Matters

In spite of of statutory impediments, both Universities had refused to put a halt to their devious operations even after ex-post facto approval given to such study centres was revoked by UGC and DEC, the court added. Even DEC was admonished by MHRD in its counter for granting a blanket ex post facto approval for courses back in 2008, Justice Monga observed.

Moreover, the Court noted that the Universities also continued their actions despite P&H High Court's D.B decision in Kartar Singh v. Union of India (2012) that declared engineering degrees obtained through distance education invalid. This information was deliberately concealed in the subsequent litigations and student admissions, despite JRN Deemed University being one of the respondents in this case.

It is pertinent to note here that IASE had set up as many as 600 study centres across India without UGC's prior approval for distance education from 2005 to 2006.

“…In the case in hand what is under challenge is distance education offered by the deemed to be university and NOT its continuation of its status as deemed university. Therefore, the emphasis that subsequent UGC recommendation are favorable for allowing it to continue as deemed university are of no significance”, the court added.

Ex Post Facto Approval Untenable In Present Case

Court held that even if approval was granted by DEC, it was regarded as not final and subject to review. As per an MOU in 2007, a joint committee was constituted, consisting of UGC, DEC and AICTE, to review grant of approval/ex post facto approval for distance education programs. Guideline No.5 of the UGC Guidelines of 2004 stipulates that permission for belated application of ex post facto approval can only be granted within six months of commencing distance education or setting up off-campus study centres, the court clarified.

“…It is noted that at the time of granting deemed to be university status, both institutes herein offered a limited number of courses. However, despite offering these courses through conventional classroom coaching, neither institute approached the UGC for prior consent to introduce new courses through conventional or regular modes”, Justice Monga added.

Senior Advocate Manoj Bhandari appeared for the petitioners. Senior Advocate R.N. Mathur appeared for respondents.

Case Title: Institute of Advanced Studies in Education, (IASE) v. Union Of India & Ors. a/w Connected Matters

Case No: S.B. Civil Writ Petition No. 5531/2015 & Others

Citation: 2024 LiveLaw (Raj) 25