JUDGMENT :

Prayer in W.A. No. 606 of 2015: Writ Appeal filed under Clause 15 of the Letter Patent to set aside the order passed in W.P. No. 30039 of 2012 dated 12.03.2013.

1. W.A. No. 606 of 2015 is an appeal by the University Grants Commission challenging the order of the writ Court in W.P. No. 30039 of 2012 dated 12.03.2013.

2. The said writ petition was filed by Annamalai University, the 1st respondent in the writ appeal challenging the order of the University Grants Commission dated 21.08.2012, in so far as it relates to the condition under clause B(8) of the said order as illegal, irrational and without jurisdiction.

3. Under the said communication dated 21.08.2012, while recognising the distance education programmes offered by Annamalai University, the University Grants Commission had imposed a condition to the effect that the territorial jurisdiction for offering programmes through distance mode will be as per the decision of the Council taken in its 40th Distance Education Council (DEC) meeting. The said decision was to the effect that the territorial jurisdiction of the State Universities (both the Government funded and private) will be as per their Acts and Statutes, but not beyond the boundaries of their respective states. In order to give effect to the above decision, the same was put in a form of condition for recognition and clause B(8) which incorporates the said condition reads as follows:

8. The territorial jurisdiction for offering programmes through distance mode will be as per the decision of the Council taken in its 40th DEC Meeting. As per decision taken in 40th meeting of the Distance Education Council, the territorial jurisdiction of State Universities (both govt. funded and private) will be as per their Acts and Statutes but not beyond the boundaries of their respective states. Thus the territorial jurisdiction of your university being a State University will be as per the Act and Statutes but not beyond the boundaries of the State of Tamil Nadu.

4. Aggrieved by the restriction of its area of operation, Annamalai University challenged the same in the said writ petition. The writ Court by its order dated 12.03.2013 upheld the challenge and quashed the said clause alone. There was a further mandamus restraining the University Grants Commission from interfering with the right of the University to conduct various distant education programmes without any territorial limits. Aggrieved the University Grants Commission is before us by way of this intra-Court appeal.

5. W.P. No. 27185 of 2015 has been filed by Annamalai University challenging the proceedings of the Distance Education Bureau of the University Grants Commission dated 28.07.2015/14.08.2015 requiring the University not to admit any student for Open Distant Learning (ODL) programmes during the Academic Year 2015-16.

6. W.P. No. 34428 of 2015 has been filed by Periyar University challenging the letter written by the 2nd respondent viz. Distance Education Bureau of University Grants Commission not to admit any student for Open Distant Learning (ODL) programmes during the Academic Year 2015-16 on the ground that it has violated the territorial jurisdiction policy.

7. W.P. No. 39602 of 2015 has been filed by the Bharathidasan University challenging the similar direction issued by the Distance Education Bureau of the University Grants Commission dated 22.07.2015 requiring the University not to admit any student under the Distant Education programme, since the University is guilty of violation of the territorial jurisdiction guidelines.

8. W.P. (MD) No. 10992 of 2015 has been filed by a private University Ponnnaiyah Ramajayam Institute of Science and Technology, declared as a deemed to be University under Section 3 of the University Grants Commission Act, seeking a mandamus directing the 1st respondent to consider its proposal for continuance of the University Centre for Distant Education Programmes.

9. W.P. No. 2750 of 2016 has been filed by the University of Madra