Point of Law : Rejection of the requests for granting recognition without providing adequate opportunity to the respondent university is violation of principles of natural justice.

JUDGMENT :

S. Saikia, J

Heard Mr. A. Chamuah, learned counsel for the writ appellant. Also heard Mr. D. J. Kapil, learned counsel appearing for respondent no. 1 as well as Mr. G. Rahul, learned counsel for respondent nos. 2 to 24.

2. This writ appeal is directed against the judgment and order dated 16.06.2015, passed by the learned Single Judge in WP(C) No. 217(K)/2013 and WP(C) No.8(K)/2014, whereby the writ petition filed by the present respondent no. 1 was allowed.

3. Respondent no. 1 is the Global Open University, Nagaland (hereinafter referred to as “respondent university”). The respondent university was incorporated by an Act of the legislature of the State of Nagaland. It was established under the provisions of the Global Open University, Nagaland, Act, 2006 (hereinafter referred to as “Act of 2006”), and is declared as a State University. The Act of 2006 was notified in the official gazette of Nagaland dated 29.06.2011. The said university is recognized under section 2(f) of the University Grant Commission (UGC) Act, 1956 and it is stated that the said university is the only State Open University in the field of distance education in Nagaland, which has been functioning since the year 2006. The distance education courses provided by the respondent university were under the approval of the Distance Education Council (DEC), which was established under Statute 28 of the Indira Gandhi National Open University (IGNOU) Act, 1985. The respondent university was granted provisional recognition for the period of one year w.e.f. 02.06.2008. Although the respondent university requested for grant of regular recognition, no positive response was received from the DEC. Subsequently, Statute 28 of the IGNOU along with DEC came to be abolished and the standards and requirements to be maintained for distance education were being looked into by the UGC. Till such time proper regulations were framed, the standards and requirements, as provided earlier under the DEC, were adopted as the norms. Upon various requests made by the respondent university, the present appellant, namely, UGC constituted an expert committee for inspection of the university. The expert committee in its report did not recommend grant of regular recognition or extension of the provisional recognition till grant of regular recognition. Pursuant thereto, by the impugned communication dated 27.08.2013 (Annexure-B) issued by the UGC, the respondent university was restricted from offering any programmes under distance education mode, which is generally known as “Open and Distance Learning” (ODL). This letter dated 27.08.2013 was assailed by the respondent university in the writ petition and the impugned communication was interfered with and set aside by the learned Single Judge resulting in the present writ appeal being preferred by the UGC as the appellant.

4. Learned counsel for the UGC Mr. A. Chamuah strenuously submits that the order of the learned Single Judge in interfering with the letter dated 27.08.2013 is erroneous inasmuch as it is a mandate of the Act read with the regulations prescribed that unless recognition is granted and/or extended by the competent authority, no courses can be conducted and no degrees or diplomas can be offered by any institute including a university on ODL platform. It is also submitted that the respondent university was well aware of this position as it was also mentioned in its provisional recognition. However, the university continued conducting programmes on ODL platform and conferring various degrees and diplomas to the students which was contrary to the UGC norms under the Regulations. Learned counsel for the appellant submits that the UGC is a statutory authority constituted under an Act of the Parliament and is empowered to ensure maintenance of adequate infrastructure and standards for imparting education and other courses as well as conferring various degrees and diplomas by the universities and/or deemed universities including cour