Biplab Kumar Sharma, J.

1. The challenge in the writ petition filed by six petitioners is the Annexure-K notification dated 19.09.2013 of the Cotton College State University (respondent No. 3), by which on the basis of the purported clarifications given by the University Grants Commission (UGC) vide public notice dated 27.06.2013, has cancelled the admission of the petitioners to the MCA Degree Programme under the University. For a ready reference, the impugned notification is reproduced below:-

The University Grants Commission (UGC), vide its public notice no., F. 27-1/2012 (CPP-II) dated 27th June, 2013 has clarified that "a central or State Government University "can conduct courses through its own departments, its constituent colleges and/or through its affiliated Colleges" and also "a university established or incorporated by or under a State act shall operate only within the territorial jurisdiction allotted to it under its Act and in no case beyond the territory of the State of its location". Besides, the notice also states that "no University, whether central, state, private or deemed, can offer its programme through franchising arrangement with private coaching institutions even for the purpose of conducting courses through distance mode". In the said notification, the UGC has also stated that "a private university established under a state act shall be a unitary university. A private University may be permitted to open off campus centres, off-shore campuses and study centres after five years of its coming into existence subject the fulfillment of conditions as laid down under UGC (Establishment of Maintenance of Standards in Private Universities) Regulations, 2003. As of now, the UGC has not granted permission to any Private University to establish off campus/study centre.

In view of the clarifications given by the UGC vide the public notice mentioned above, the provisional admission of students as listed hereunder, to the MCA degree programme of Cotton College State University based on degrees obtained under circumstances not allowed by the UGC stands cancelled. The fees collected from these students shall be refunded.

(1) Ms. Madhumita Barman, Roll No. MCA 09/13

(2) Mr. Taufique Ahmed, Roll No. MCA 12/13

(3) Mr. Hemen Kumar Das, Roll No. MCA 13/13

(4) Mr. Rajkumari Rai, Roll No. MCA 15/13

(5) Mr. Punal Kumar Das, Roll No. MCA 18/13

(6) Mr. Rahul Dey, Roll No. MCA 19/13

(7) Mr. Tarique Mahmood, Roll No. MCA 20/13

(8) Mr. Udayan Sarma, Roll No. MCA 24/13.

The impugned notification having been issued in reference to the public notice dated 22.06.2013, the said public notice (Annexure-G) is also reproduced below for a ready reference:-

The Commission has come across many advertisements published in National Dailies offering opportunities for the award of university degrees though various franchise programmes conducted by certain private institutions. These private establishments claiming themselves as study centres or learning centres of different universities enroll students for various degree programmes and also claim to be responsible for teaching and conduct of examinations. The faculty and the infrastructure belong to these private agencies. The concerned university except providing syllabus and teaching materials, has no mechanism to monitor and maintain the academic standards of education has led to widespread criticism. The Commission has taken a serious view of these misleading advertisements appearing in various newspapers.

It is, therefore, clarified for the information of all concerned, including students and parents that:

(a) A Central or State Government University can conduct through its own departments, its constituent colleges and/or through its affiliated Colleges;

(b) A university established or incorporated by or under a State act shall operate only within the territorial jurisdiction allotted to it under its Act and in no case beyond the territory of the state of its location;

(c) The private universities a