The main legal point established is that the 2017 Regulations did not have retrospective application and the obligation to establish a Learner Support Centre was prospective, not affecting the appellant-writ petitioner's rights prejudicially.

JUDGMENT :

Ramesh Ranganathan, J.

Heard Mr. C.S. Rawat, learned counsel for the appellant-writ petitioner, Mr. Yogesh Pandey, learned Standing Counsel for the first respondent-University and Mr. Vikas Pande, learned Standing Counsel for the second respondent-UGC and, with their consent, the Special Appeal is disposed of at the stage of admission.

2. This Special Appeal is preferred against the order passed by the learned Single Judge in Writ Petition (M/S) No. 1573 of 2019 dated 21.08.2019. The appellant-writ petitioner herein filed Writ Petition (M/S) No. 1573 of 2019 seeking a writ of certiorari to quash the order passed by the first respondent dated 24.01.2019; a writ of certiorari to quash Regulation 14(1) of the University Grants Commission (Open and Distance Learning) Regulations, 2017 (the "2017 Regulations" for short) in so far as it mandates Study Centres to take affiliation from a University; and a writ of mandamus to direct the first respondent to permit the appellant-institution to continue with the Study Centre, for distance education, for academic session 2019-20.

3. The appellant-writ petitioner claims to have entered into a Memorandum of Understanding with the first respondent-University to provide certain facilities for students undergoing distance education from the respondent-University. While the appellant-writ petitioner claims that the said MOU has been renewed periodically, no reference has been made to any such MOU in the affidavit filed in support of the Writ Petition. Be that as it may, the University Grants Commission (for short the "UGC") made the 2017 Regulations in the exercise of its powers under Section 26(1) read with Section 12(j) of the University Grants Commission Act, 1956 (for short the "UGC Act"). The 2017 Regulations came into force, on its publication in the official gazette (The Gazette of India : Extraordinary), on 23.06.2017.

4. Regulation 14 of the 2017 Regulations relates to Learner Support Centre and reads thus :-

"(1) A Higher Educational Institution offering programme in Open and Distance mode shall, within one year from the date of commencement of these regulations, ensure that a Learner Support Centre is established only in a college or institution affiliated to a University or in a government recognised Higher Educational Institution offering programmes in the same broad areas having the necessary infrastructure and human resources for offering the programme:

Provided that a Higher Educational Institution may establish a special Learner Support Centre for imparting instruction to persons referred to in the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disability Act, 1999 and other persons in difficult circumstances, including jail inmates:

Provided further that a Learner Support Centre shall not be set up under a franchisee agreement in any case.

(2) A Learner Support Centre shall be the contact point or centre managed by the Higher Educational Institution for providing academic as well as administrative support to its learners, and shall perform such other functions as specified in Annexure X.

(3) The Learner Support Centre shall be headed by a Coordinator who shall be a regular teacher not below the rank of a qualified Assistant Professor of the concerned College or Higher Educational Institution and assisted by the counselors as decided by the Higher Educational Institution.

(4) The Higher Educational Institution shall have a Standard Operating Procedure for the smooth functioning of the Learner Support Centre which shall include functions of the Learner Support Centres and its different functionaries, monitoring mechanism of different services provided by the Centre, and it shall be mandatory for the Learner Support Centre to maintain the learner data related to conduct of counseling sessions, evaluation of assignments and