The University Grants Commission (UGC) regulations that control the functioning of education institutions were brought in as a result of the attempts by some universities to commercialise education by engaging in indiscriminate franchise agreements with those who do not have the expertise or infrastructure to provide quality education, said the Madras High Court.
A division bench comprising Justice R Subramanian and Justice K Kumaresh Babu said this while confirming the UGC’s powers to impose restrictions regarding the territorial jurisdiction of universities in offering distance education programmes.
The commission filed a writ appeal seeking a direction set aside the order of a single judge striking down a 2012 clause imposing a condition that the territorial jurisdiction for offering distance education programmes would be as per the decision of the 40th Distance Education Council (DEC) meeting.
The DEC had held that the jurisdiction of State universities (both government-funded and private) would be as per their Acts and Statutes, but not beyond the State boundaries.
The judges held that the Commission was given primacy under the UGC Act and Entry 66 of List 1 in the 7th Schedule of the Constitution to determine the standards of the universities.
“We hasten to add that this shall not affect the students who have already undergone the courses pursuant to the interim orders of this court,” the bench ruled.
While the universities established by the State Acts and private universities can enrol students from outside the State, other activities like establishing learner support centres, conducting examinations, etc., must only be within the State, it said.
It also noted that the deemed-to-be universities could conduct online distance education programmes in compliance with the UGC regulations.
