The MoUs for face-to-face programs were in violation of the IGNOU Act, 1985. The court prioritized the interest of the students and directed verification of admitted students and accommodation in AICTE-approved institutes if necessary.

V.K. Jain, J.

1. The respondent-IGNOU entered into different Memorandums of Understanding, all dated 30.7.2010, with the petitioners in W.P(C) No.5789/2012, 6393/2012, 6495/2012 and 6016/2012 to set up study centres, thereby agreeing to work together for development programmes in the area of Aerospace Engineering. The salient clauses of the said MoU read as under:

1. Objectives.

The main objectives of the cooperation between contracting parties are:

To contribute to the development of technical professionals in the area of Aerospace Engineering through joint design and implementation of B. Tech. (Aerospace Engineering) programme by IGNOU and The Host Institute (hereinafter referred to as “the programme”).

To form a joint core group to oversee the planning and development of the programme.

To undertake and execute all such activities required for the fulfillment of the objectives described above.

2. Monitoring & Implementation Committee (MIC) There shall be a Monitoring & Implementation Committee (MIC) (hereinafter referred to as “MIC”) which

(a) Will have the Vice Chancellor of IGNOU (or his nominee) as the Chairman of the Committee.

(b) Besides the Chairman, it will have 2(two) more representatives from the (Institutes nominated by each Party on rotation basis and two persons of IGNOU nominated by Hon’ble VC of IGNOU) excluding Project Coordinator as Convener of the committee (2 nominees from Institutes; accepted & approved by VC IGNOU, 2 from IGNOU + Project Coordinator)

(c) We determine the curriculum for the programme upon the recommendations of the parties to the MoU.

(d) W ill define the eligibility criteria for the students for joining the programme.

(e) Will lay down guidelines for preparation of course materials for different expert groups;

(f) W ill decide modus operandi for popularization of the programme;

(g) W ill lay down criteria for counselors and instructors for extending constant guidance to the students.

(h) W ill decide suitable fee structure for the programme and its sharing mechanism between the parties.

(i) W ill decide the number of seats in different training centres on the basis of existing training facilities and infrastructure in the institute.

(j) Will undertake further development of the programme etc and also shall draw out the budge for expenditure and decide the responsibilities of two signatories of the MoU.

(k) The representative member shall serve for a period of two years. However, they could be changed/ re-nominated at the discretion of the nominating organization.

(l) Will meet at the invitation of the Chairman or at the request of one of the parties to the MoU. A quorum of at least four members shall be required for the conduct of the business.

2. Under the said MoU, the IGNOU undertook to discharge the following responsibilities:

(i) Defining the criteria for admission of candidates and finalization of the registration process.

(ii) Activation of Programme Study Centres (PSC) will be done by Director, RSD as per IGNOU norms under the guidance of MIC.

(iii) The course design, curriculum, delivery and review mechanism details will be developed by IGNOU, in consultation with Institutes. W herever either party deems necessary, consultation could be held with the stakeholders.

(iv) Will recommend the training institutes to be activated for the programmes after being identified and duly inspected jointly by the officials appointed by the IGNOU.

(v) Composing and printing of Self Instructional Material (SIM) for the course as and when advised by MIC.

(vi) IGNOU will monitor the implementation of the programme.

(vii) IGNOU will be responsible for admission process in terms of releasing advertisement for admission and preparation of Student Handbook & Prospectus (SHP) duly vetted by IGNOU, distribution of SHP to different centers, organization of entrance test (if required) etc as per IGNOU guidelines.

(viii) IGNOU will hold the examinations and award the degree to the successful

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