Point of Law : The powers under Article 142(1) to do complete justice is entirely of different level or of a different quality. Any prohibition or restriction contained in ordinary laws cannot act as a limitation on the constitutional power of the Hon’ble Supreme Court.

ORDER :

Tarlok Singh Chauhan, J.

The instant petition has been filed for the grant of following reliefs :-

“(i) That the impugned Annexure-P9, i.e. communication dated 2nd March, 2021, sent by respondent No.2, may kindly be quashed and set aside;

(ii) That the respondent No.2 may kindly be directed to offer appointment to the petitioner as Lecturer (School New) in the subject of English on contract basis on the basis of recommendations made by H.P. Public Service Commission, vide Annexure-P7, forthwith;

(iii) That the respondent No.2 may kindly be directed to grant all consequential benefits to the petitioner as the similarly situated incumbents stood already appointed w.e.f. 06.03.2021.”

2. The petitioner after passing her Bachelor of Arts in 2000 pursued her B.Ed Degree which she obtained in the year 2007. Thereafter, she obtained her M.A.Degree in English from Eastern Institute for Integrated Learning in Management (EIILM) University Sikkim through distance education mode. In the year 2018, the petitioner passed Teacher Eligibility Test (TGT Arts).

3. An advertisement was issued by the H.P. Public Service Commission in the year 2019 for filling up various posts Lecturers (School New) (English) on contract basis. The written objective type examination for these posts was held on 16.02.2020 and after having successfully cleared the same, the petitioner was called for personal test/evaluation on 27.11.2020. However, the candidature of the petitioner was rejected on the ground that Degree of M.A. obtained by the petitioner was not recognized constraining her to file the instant petition for the reliefs as quoted above.

4. Even though respondent No.3. i.e. H.P. University has filed its reply, however, the same has no bearing in this case and, therefore, need not refer to.

5. As regards UGC, it has filed its counter-affidavit wherein it has been stated that the EIILM University, Sikkim, is a State Private University which was recognized by the erstwhile Distance Education Council (DEC), IGNOU, for only one academic year i.e. 2009-2010 to offer three programmes through distance mode, namely (i) B.A. (Hospitality & Tourism), (ii) Bachelors in Computer Applications (BCA) and (iii) Master’s in Business Administration (MBA). The copy of recognition letter is dated 09.09.2009. No further recognition has been accorded to above University. The year-wise recognition status of Universities approved to offer education through distance mode along with the approved programmes is already in public domain and can be accessed at UGC website.

6. In addition to the aforesaid, it is specifically averred that a private university is not authorized to open study centre /off campus centre beyond the territorial jurisdiction of the State as per the observations of Hon’ble Supreme Court in the case of Prof. Yashpal and another vs. State of Chhattisgarh and others (2005)5 SCC 420. The Private Universities cannot affiliate any college or institution for conducting courses leading to award of its diploma(s), decrees or other qualifications. Also, the Private University cannot offer their programmes through franchising arrangement with private institutions for the purpose of conducting courses through distance mode or even for regular mode.

7. It is also averred that Private University cannot open its centre(s) even within the State as per the provision of UGC (Establishment of and Maintenance of Standards in Private Universities) Regulations, 2003 without the approval of UGC. The UGC has issued Public Notice dated 27.06.2013 on territorial jurisdiction of the Universities and other matters related to distance education. The UGC has not granted any approval to the University to open off campus/study centre anywhere. The public notice dated 27.06.2013 was only reiteration of earlier policy of UGC on territorial jurisdiction of Universities. The UGC vide circular