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2017 Supreme(Ker) 706

P.R.RAMACHANDRA MENON, MARY JOSEPH
Unine Trust Convent Road – Appellant
Versus
Mahatma Gandhi University Priyadarshini Hills – Respondent


Advocate Appeared:
For the Appellant :Sri. Deepu Thankan and Kum. P.V. Jayalakshmy, Advocates
For the Respondent:Sri. Vivek Varghese P.J., SC, M.G. University, Sri. Varughese M. Easo, SC, M.G. University, Sri. P. Jacob Varghese (Sr.), Sri. Asok M. Cherian, SC, M.G. University and Sri. P. Deepak, Advocate, Sri. S.U. Nazar, Sr. Government Pleader

JUDGMENT :

P.R. Ramachandramenon, J.

1. All these cases are having a common connection, in relation to the right of the Institutions concerned to run "Off Campus Centres" as part of Distant Education Programmes sanctioned by the University even by engaging franchisees; that too, beyond the territory or area of operation of the University within the State, outside the State and beyond the shores of the Country. Some cases have been filed by the Institutions, where as the other cases have been filed by the students concerned. Grievance is common, in so far as such Institutions have been ordered to be closed down, as the sanction given by the University is beyond the power and jurisdiction confined under the relevant enactment and also contrary to the law declared by the Supreme Court on the point.

2. Earlier, when the University permitted to run the 'Off Campus Centres', no objection was raised by the UGC in this regard, but for making it clear that it should be subject to relevant provisions of the Statute and also the orders/decisions of the Academic Council/Syndicate. The Government had also made it clear in the year 2004 that the Government did not intend to interfere with the runni















































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