Page No.# 1/7 GAHC010118722016 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5746/2016 THE CO-ORDINATION COMMITTEE OF THE PRIVATE AND NON- AFFILIATED STUDY CENTRE OF KRISHNA KANTA HANDIQUI STATE OPEN UNIVERSITY REP. BY ITS PRESIDENT, SRI MANABENDRA KUMAR BHAGABATI, S/O LT. JOGENDRA NATH BHAGABATI R/O SARUMOTORIA, P.O. ASSAM SACHIVALAYA, P.S. DISPUR, DIST.- KAMRUP M, ASSAM, GUWAHATI- 781006. VERSUS THE UNION OF INDIA and 5 ORS TO BE REP. BY THE SECRETARY TO THE GOVT. OF INDIA, DEPARTMENT OF EDUCATION, MINISTRY OF HUMAN RESOURCE DEVELOPMENT, GOVT. OF INDIA, NEW DELHI. 2:THE STATE OF ASSAM REP. BY THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF EDUCATION JANATA BHAWAN DISPUR GUWAHATI- 781006. 3:CHAIRMAN UNIVERSITY GRANTS COMMISSION 35-FEROZE SHAH ROAD NEW DELHI-110001. 4:THE VICE-CHANCELLOR K.K. HANDIQUI STATE OPEN UNIVERSITY HEADQUARTERS PATGOAN Page No.# 2/7 RANI GUWAHATI-17. 5:REGISTRAR I/C K.K. HANDIQUI STATE OPEN UNIVERSITY HEADQUARTERS PATGOAN RANI GUWAHATI -17. 6:THE EDUCATION OFFICER UNIVERSITY GRANTS COMMISSION DISTANCE EDUCATION BUREAU 35-FEROZE SHAH ROAD NEW DELHI-110001 Advocate for the Petitioner : MS.D SINHA, MR. M R Z CHOUDHURY,MR S H MAHMUD,MR S ISLAM,MS. B CHETIA,MR. M U MAHMUD Advocate for the Respondent : SC, U G C, SC, KKHSOU,MR. P J PHUKAN,SC, HIGHER EDU,ASSTT.S.G.I.,SC, EDUCATION,MR.R THAKURIA(R- 4&5),MR.L P SHARMA(R- 4&5) Linked Case : WP(C)/1643/2022 HIGHBROW A SOCIETY REGISTERED UNDER THE SOCIETIES REGISTRATION ACT 1860 LAXMI BAZAR ROAD KARIMGANJ TOWN P.O. P.S. AND DIST.- KARIMGANJ REPRESENTED BY ITS CENTER CO-ORDINATOR SABINA RAHMAN CHOUDHURY AGED ABOUT 38 YEARS PIN- 788710. VERSUS THE UNION OF INDIA AND 4 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF HUMAN RESOURCES DEVELOPMENT Page No.# 3/7 NEW DELHI-110001. 2:THE KRISHNA KANTA HANDIQUI STATE OPEN UNIVERSITY HEADQUARTERS PATGAON RANI GUWAHATI-17 REPRESENTED BY ITS VICE CHANCELLOR. 3:THE REGISTRAR KRISHNA KANTA HANDIQUI STATE OPEN UNIVERSITY RANI PATGAON GUWAHATI-17. 4:THE UNIVERSITY GRANTS COMMISSION 35 FEROZ SHAH ROAD NEW DELHI-110001 REPRESENTED BY THE VICE CHAIRMAN. 5:THE EDUCATION OFFICER UNIVERSITY GRANTS COMMISSION DISTANCE EDUCATION BUREAU FEROZ SHAH ROAD NEW DELHI-110001. ------------ Advocate for : MR. M DUTTA Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 4 ORS BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 23.01.2025 Heard Mr. M. U. Mahmud, learned counsel for the petitioners and Mr. A. Chamuah, learned Standing Counsel, UGC. Also heard Mr. P. J. Phukan, learned counsel for the respondent Nos. 4 & 5 and Mr. S. Bhuyan, learned counsel for the respondent No. 2. 2. The writ petitions are being disposed of by this common order. Page No.# 4/7 3. The fact of the case is that various study centres were opened by Krishna Kanta Handique State Open University (in short, ‘KKHSO University’), on the basis of memorandum of understandings executed between various study centres in Assam and the respondent Nos. 4 & 5. The petitioner in WP(C) 5746/2016 and WP(C) 1643/2022 were also one of the few study centres that had executed a memorandum of understandings with the KKHSO University, for opening study centres of the said KKHSO University. 4. WP(C) 1643/2022 has been filed by the Co-ordination Committee of the Private and Non-affiliated Study Centre of the KKHSO University, which comprises of 130 study centres/institutions. The petitioner in WP(C) 1643/2022 is one such study centre, which is a part of the petitioner in WP(C) 5746/2016. 5. The facts of the case is that soon after memorandums of settlement had been executed between the petitioners and KKHSO University, the University Grants Commission (UGC) wrote a letter dated 05.07.2016 to the Registrar/Director of KKHSO University, stating that the study centres, which were private and non-affiliated study centres/institutions, needed to be closed within fifteen days, failing which approval given to the KKHSO University may be withdrawn. The said letter also stated that general observations, regarding distance education programme had been made by experts, which were as follows:- “The University/Higher Education Institutions running the UG/P.G./Diploma/Certificate course in Science Subject, which obviously involves practicals, are required to have requisite infrastructure and ensure the conduct of practicals. Page No.# 5/7 The institutions have put the list and schedules of practical's on their website and a copy of the same be submitted to UGC. The universities/Institutions need to furnish an affidavit for infrastructure and imparting practical training to the students as per the requirement of the subject concerned along with the details of faculty engaged. University should define the Academic Calendar & upload the same on the Website of the University.” 6. The UGC thus requested the KKHSO University not to admit any students admitted by the study centres, without prior approval of the UGC, as otherwise, University/Institution would be held responsible for all consequences arising out of it. 7. The petitioner’s counsel submits that subsequent to the UGC letter dated 05.07.2016 issued to the KKHSO University, the KKHSO University has sent letters to each study centre, stating that all the study centres would have to be closed, as per the direction of the UGC. 8. The petitioner’s counsel submits that though the prayer of the petitioners in the writ petition is to set aside the impugned letters issued by the UGC and the consequential KKHSO University letters for closure of the study centres, he does not wish to press the said prayers any longer as per instructions. His only prayer is that the KKHSO University should consider allowing the students, who had been registered with the study centres prior to the issuance of the impugned letters, to be admitted and allowed to participate in the courses that are being run by the KKHSO University. 9. The counsels for the respondents, on the other hand, submit that they have no objection to the prayer made by the petitioners’ counsel. Page No.# 6/7 10. I have heard the learned counsels for the parties. 11. In view of the fact that KKHSO University had executed memorandum of understandings with the petitioners herein for admission of students into their various courses prior to the issuance of the impugned letters by the UGC and the KKHSO University, the students who registered themselves prior to the issuance of the impugned letters may be allowed to be admitted in the KKHSO University and/or be allowed to take part in their courses, provided those students are eligible to participate in the said courses, as per Rules and Guidelines applicable to the KKHSO University. 12. In view of the consent of the parties and keeping in view that many years have elapsed, both the writ petitions are being disposed of, by directing the KKHSO University to consider allowing those students, who registered themselves with the said study centres prior to the issuance of the impugned letters, to participate in the courses they applied for inside the University. The above is subject to the condition that the concerned students approach the KKHSO University with proof of their registration with the study centres, prior to issuance of the impugned letters and subject to the eligibility of those students to participate as per the criteria laid down by the KKHSO University. The question of whether the students had registered prior to the issuance of the impugned letters with the study centres would not only depend upon proof of they being registered with the concerned study centres, but also on there being proof of the communication of the names of those registered students to the KKHSO University by the study centres, as per records maintained by the KKHSO University. This is to ensure that the proof of registration of those students with the study centres is already in the records of the KKHSO Page No.# 7/7 University, prior to the issuance of the impugned letters by the UGC and the KKHSO University. 13. The writ petitions are accordingly disposed of. JUDGE Comparing Assistant