The UGC Act and its regulations are supreme in coordinating and determining education standards, and institutions must comply with territorial jurisdiction requirements for distance education programs.

TAPABRATA CHAKRABORTY, J.

1. The grievance sought to be ventilated through the instant public interest litigation is that various colleges and institutions in the State of West Bengal are admitting students to impart lessons in various disciplines though the said colleges and institutions are not affiliated to universities recognised by the University Grants Commission (hereinafter referred to as UGC) and the courses offered are not approved by UGC and that in spite of having full knowledge about such illegal functioning of the said institutions, the State authorities have maintained a deceptive silence and have taken no steps against the said institutions and taking advantage of such inaction, the said institutions, including the respondent nos.5 to 9 herein, are publishing advertisements seeking applications for admission in three years degree programmes in Hotel Management and other disciplines claiming to be approved by UGC (Government of India, Ministry of HRD) and recognised by State Universities.

2. Mr. Ashim Kumar Roy, learned advocate appearing for the petitioner submits that the University Grants Commissions Act, 1956 (hereinafter referred to as the UGC Act) is a Parliamentary legislation enacted under Entry No.66 List I of the seventh schedule to the Constitution of India. In exercise of the authority under Section 26, UGC has framed the University Grants Commission (Establishment of and Maintenance of Standards in Private Universities) Regulations, 2003. The said regulations have been made with the object of providing for a regulatory mechanism for establishment and operation of private universities and for safeguarding the interest of the student community with adequate emphasis on the quality of education and to avoid commercialization of higher education and also to maintain standards of teaching, research and examination. Regulation 3.3.1 categorically provides that "the off campus centres and/or study centres shall be set up with the prior approval of the UGC and that of the State Government(s) where the centres is/are proposed to be opened".

3. He further submits that the question as to whether a university established in a State can operate beyond the territorial jurisdiction of the State came up for consideration before the Hon'ble Apex Court in the case Prof. Yashpal and Another v. State of Chhattisgarh & Ors., reported in (2005) 5 SCC 420 and Hon'ble Apex Court held that no university is authorised to open study centres/off campus centres beyond the territorial jurisdiction of the State. The UGC has taken a serious view of misleading advertisements appearing in various regional newspapers as well as national daily newspapers offering opportunities for university degree beyond territorial jurisdiction and the general public, students and other stakeholders have been cautioned about such activities by issuing public notices on 4th June, 2015, 25th January, 2016 and 28th April, 2016. By public notice, UGC also declared that the Annamalai University and the Periyar University are illegally continuing to offer various programmes through distance learning mode in blatant violation of the norms, guidelines and directives of the UGC.

4. Records reveal that by an order dated 12th August, 2016 petitioners were directed to implead the Annamalai University and the Periyar University. Such order was duly complied with and the said universities were impleaded and notices were served upon them, however, no one appeared on their behalf. This Court by an order dated 13th January, 2017 restrained respondent nos.5 to 13 from starting the admission process for the year 2017-18 and from admitting students in distance learning programmes in the academic year 2016-17, unless they have obtained recognition from the UGC and are functioning within the territorial jurisdiction as mentioned in the case of Prof. Yashpal and Another v. State of Chhattisgarh and Another, reported in (2005) 5 SCC 420. By the said order the UGC aut