IMPORTANT POINT
The court established that while the accreditation requirements for HEIs under the Distance Learning Regulations are constitutionally valid, the application of these requirements must be appropriate and relevant to the specific nature of skill universities.

JUDGEMENT

Somasekhar Sundaresan, J. - Rule. By consent of parties, Rule is made returnable forthwith, and taken up for hearing and final disposal.

Introduction and Context:

2. The challenge in this Writ Petition is to the constitutional validity of four provisions contained in the University Grants Commission (Open and Distance Learning Programmes and Online Programmes) Regulations, 2020 ('Distance Learning Regulations'), subordinate law made under the University Grants Commission Act, 1956 ('UGC Act').

3. The provisions under challenge stipulate two entry barriers for offering undergraduate and postgraduate programmes (collectively, 'programmes') through the 'open and distance learning' ('ODL') mode and the 'online' ('OL') mode. First, any 'Higher Educational Institution' ('HEI')[Defined in Regulation 2(n) of the Distance Learning Regulations, to mean universities and deemed universities under the UGC Act.] must meet a certain basic accreditation score or ranking as a condition precedent for offering programmes through the ODL and OL modes. Second, the programme proposed to be offered through the ODL or OL mode should also be on offer in the 'conventional mode'[Defined in Regulation 2(f) of he Distance Learning Regulations] i.e. through face-to-face interaction between the teacher and the learner in the regular classroom environment, and one batch should have passed out from such programme.

4. Symbiosis Open Education Society ('SOES') is the 'sponsoring body'[Defined in Section 2(xxii) of the SSPU Act] of the Symbiosis Skills and Professional University ('SSPU'), under the Symbiosis Skills and Professional University Act, 2017 ('SSPU Act'), a State legislation. Under this law, SSPU is meant to be self-financed (without funding from the Government of Maharashtra). However, in respect of academic standards, SSPU is required to comply with norms and conditions stipulated by 'regulatory bodies'[Defined in Section 2(xix) of the SSPU Act] which brings the University Grants Commission ('UGC'), the author of the Distance Learning Regulations, into the picture.

5. SSPU is a 'skill university'[A 'skill university' is understood to be a HEI that offers programmes that are specifically skill-based, job-oriented and of an applied nature. Skill universities offer programmes that have a higher job potential and employability in the market. The degrees they award need to conform to the National Skills Qualification Framework, authored by Respondent No. 3], with a focus on offering programmes focused on skill development and employment. For instance, a Bachelors of Business Administration programme, an undergraduate degree could have a focus on retail marketing or on ports and container terminals. Such programmes are meant to provide a focus on development of employable skills, and are currently being offered in the conventional mode. SSPU is desirous of offering some of these programmes through the ODL mode.

However, SSPU is unable to meet the accreditation norms stipulated in the Distance Learning Regulations, which is the underlying reason for the challenge in this Writ Petition.

6. According to the Petitioners, the requirement for accreditation or ranking is per se arbitrary and unreasonable. That apart, according to the Petitioners, such a requirement should not apply to skill universities, because the parameters by which traditional HEIs are currently being accredited do not lend themselves as a fair means for assessing skill development programmes appropriately. The Petitioners are also challenging the requirement to offer the same programmes in the conventional mode, with one batch having passed out. The Petitioners submit that the UGC itself has resolved to remove the requirement of one batch passing out, but the formal amendment of the Distance Learning Regulations has not yet been carried out.

7. The Distance Learning Regulations are a self-contained regulatory framework to govern the provision of ODL and OL programmes by HEIs. Under Regula