K. Sreedhar Rao, J.

1. The Kuvempu University, established under the Karnataka State Universities Act, 2000, had established distant education study centres at Guwahati and also in other places. The respondent-petitioners were admitted to B.Sc. (IT) course. The issue in this case concerns itself to the study centers established at Guwahati. The students who were admitted to B.Sc. (IT) course through distance education programme were attending to the courses at study centers at Guwahati. It is the case of the respondent-petitioners that the courses offered in B.Sc. (IT) as a distance education method at the study centers in Assam was duly recognized by the Distant Education Council constituted under the Indira Gandhi National Open University Act, 1985. The petitioners successfully completed the course and passed in the examinations and degrees were awarded by the Kuvempu University. The petitioners applied for admission into Master of Computer Application (MCA) course in Cotton College State University. The petitioners successfully passed the entrance examination and took admission. However, about two months after the admission, their admissions were cancelled by the Cotton College State University on the ground that they do not recognize the degree granted by the Kuvempu University since it is not in accordance with the DEC and the UGC guidelines. The respondent-petitioners, thus, aggrieved, filed a writ petition seeking mandamus against the Cotton College State University to restore their admission and permit them to pursue the course. An interim order was passed in the said writ petition directing the Cotton College State University to restore the admission and permit the petitioners to complete their course. It appears that the petitioners, who took the interim order, did not avail the benefit of the interim order and did not pursue the course saying that Cotton College State University refused to entertain them. However, no contempt proceedings have been initiated against the violation of the interim order. The learned Single Judge, after hearing all the parties in the writ petition, allowed the writ petition and held that the degree obtained by the respondent-petitioners is a valid degree in law.

2. The State of Assam, which has established the Cotton College State University, aggrieved by the said order, has filed Writ Appeal (WA 116/2014). The UGC also felt aggrieved by the order of the learned Single Judge, has filed Writ Appeal (WA 254/2014).

3. Mr. D. Saikia, learned Senior Counsel for the UGC, has made reference to the following Regulations of the UGC and the DEC to assail the order of the learned Single Judge:

"(1) The UGC Regulations of 1985 referred to the provisions of Section 3(2), Sub-section (4) and Section 5, which reads as follows:

"3(2) The headquarters of the University shall be at Delhi and it may establish or maintain colleges, Regional Centers and Study Centers at such other places in India as it may deem fit.

3(4) The University shall have perpetual succession and a common seal and shall sue and be sued by the said name."

"5. Powers of the University.

(1) The University shall have the following powers, namely:-

(i) to provide for instruction in such branches of knowledge, technology, vocations and professions as the University may determine from time to time and to make provision for research;

(ii) to plan and prescribe courses of study for degrees, diplomas, certificates or for any other purpose;

(iii) to hold examinations and confer degrees, diplomas, certificates or other academic distinctions or recognitions on persons who have pursued a course of study or conducted research in the manner laid down by the Statutes and Ordinances;

(iv) to confer honorary degrees or other distinctions in the manner laid down by the Statutes;

(v) to determine the manner in which distance education in relation to the academic programmes of the University may be organised;

(vi) to institute professorships, readerships, lec