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2020 Supreme(Sikk) 45

MEENAKSHI MADAN RAI
Sikkim Manipal University – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner:Mr. Gopal Subramaniam and Mr. Nikhil Nayyar, Senior Advocates with Mr. T. R. Barfungpa, Mr. Pawan Bhushan, Mr. Dhananjay Baijal and Mr. Ugang Lepcha, Advocates.
For the Respondent:Mr. Karma Thinlay, Mr. A. Mariarputham, Senior Advocate with Mr. Thinlay Dorjee Bhutia, Dr. Doma T. Bhutia, with Mr. Thupden Youngda, Government Advocate and Ms. Pollin Rai

JUDGMENT :

Meenakshi Madan Rai, J.

1. This Writ Petition pivots around the vires of the impugned Public Notice dated 19.07.2016, issued by the Respondent No.2, inter alia prohibiting Universities/Institutions from conducting examinations for their Open and Distance Learning Programmes outside the territorial jurisdiction of the University's location, followed by communications dated 07.10.2016 and 01.11.2016 reiterating the aforestated prohibition including setting up of Examination Centres. Claiming that the Notices are ultra vires the powers of the Respondent No.2 under the parent Statute and have no force of law besides being violative of Articles 14, 19(1)(g) and 21 of the Constitution of India, the Petitioner University seeks the following reliefs;

    “a) Issue a Writ of Certiorari, or any other appropriate Writ, Order or Direction to declare and quash the Public Notice dated 19.07.2016 as violative of Articles 14, 19(1)(g) and 21 of the Constitution;

b) Issue a Writ of Certiorari, or any appropriate Writ, Order or Direction to quash the communications dated 7.10.2016 and 01.11.2016 issued pursuant to Public Notice dated 19.07.2016 to the extent that they seek to prohibit examin

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