Karnataka High Court rejects challenge by NLSIU to UGC Regulations restricting territorial jurisdiction of universities for distance education

The Karnataka High Court recently rejected a plea by National Law School of India University (NLSIU) challenging a public notice as well regulations issued by the University Grants Commission (UGC) which curtailed the territorial jurisdiction of universities and higher educational institutions in the country in matters of open and distance learning (National Law School of India University v. UGC)..Justice R Devdas disposed of the petition, leaving it open to NLSIU to approach the UGC to declare it as 'Institution of Eminence Deemed to be Universities'..This observation was made by the Court since University Grants Commission (Institutions of Eminence Deemed to be Universities) Regulations, 2017 provide for a distinct category of 'Institutions of Eminence Deemed to be Universities', which would enable such an institution to establish off-campus centres and offshore campus.."Now that the UGC has come up with the UGC (Institutions of Eminence Deemed to be Universities) Regulations, 2017, making provision to create a distinct category of Institutions of Eminence Deemed to be Universities, which would have the benefit of establishing Off-campus centres and Offshore campus, the petitioner University is free to make an application seeking a declaration as ‘Institutions of Eminence Deemed to be Universities’," the Court ordered..Adding on, the Court opined that any directions issued to the contrary, would place the petitioner-university on a different pedestal, in contravention of the UGC Regulations as well as the provisions of the UGC Act, 1956..NLSIU had challenged a public notice dated July 19, 2017 and a communication dated October 16, 2016, issued by UGC and the University Grants Commission (Open and Distance Learning) Regulations, 2017..By way of the above notice and communication, the UGC had curtailed the physical jurisdiction of universities and higher educational institutions in the country in relation to open and distance learning.In essence, it provided that when it comes to distance education, a university which is established or incorporated by or under a State Act shall operate only within the territorial jurisdiction allotted to it under the Act and in no case shall it operate beyond the territory of the State where it is located..NLSIU had moved the High Court contending that the UGC decision restricted the physical jurisdiction the University to Karnataka in matters of distance education. It submitted that it has examination centres at New Delhi, Kolkata and Pune..Submission of PartiesSenior Advocate Aditya Sondhi, appearing for NLSIU, contended that by placing a restriction on the territorial jurisdiction, the UGC violated the right of the petitioner under Articles 14 and 19 (1)(g) and the Right to Education under Article 21-A of the Constitution of India.He contended that when there was no restriction of the territorial jurisdiction under the Act by which NLSIU was established, the same cannot be imposed upon it by the UGC. The public notice, communication and the 2017 Regulations travel beyond the powers of the UGC, it was further argued. Such restrictions are inconsistent with the object and nature of distance education, he said. Moreover, NLSIU has not established any study centre beyond Karnataka. It has only established examination centres at New Delhi, Kolkata and Pune, other than Bengaluru, Sondhi pointed out. Reliance was placed on the decision of a Division Bench of the High Court in the case of Master Balachandar Krishnan v. The State of Karnataka and Others decided in September, 2020. In that case, the High Court had held that although the petitioner-university was indicated to be a State University, it was only for the purpose of making grants to the university by construing it to be a university established by a State enactment. But the said fact would not make the petitioner-university a State University. It was also held that although the petitioner-university may not be an institution of national importance or Institution of Eminence as per the Central Government but it is, nevertheless, a national level institution.Advocate Showri HR, appearing for UGC, submitted that matters of distance education as well as the powers and functions of the UGC in such matters have been upheld by the Supreme Court in the past. In addition, it was submitted that under the 2017 regulations, the UGC has made a provision to create a distinct category of Deemed to be Universities, called 'Institutions of Eminence Deemed to be Universities' which would be regulated differently from other Deemed to be Universities in terms of distance learning and other matters. The petitioner could always apply for such status, Showri stated. .[Breaking] NLSIU Domicile Reservation: Karnataka HC grants interim stay on NLSIU Amendment Act, directs preparation of new seat list.What the Court held .The Court opined that the reliance placed on the decision of the Master Balachandar Krishnan case, by Sondhi cannot come to the rescue of NLSIU.This, the Court held, is because the issue that was considered in the said decision was regarding the powers of the State government in directing to provide reservations for students belonging to the State.."Therefore, in that context, the Division Bench noticed the role of Bar Council of India, its Trust and the Society in the establishment and functioning of the Law School and it was held that the State Government has been only a facilitator in granting the Deemed University status to the petitioner-University, through the enactment. In the opinion of this Court, that by itself, will not permit the petitioner-University to contend that it was not established by the State Act," the Court added. .With these observations, the Court disposed of the plea. [Read Order]