Shri Venkateshwara University v. University Grants Commission & ANR

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3407/2016 & C.M.Nos.14579-14580/2016 SHRI VENKATESHWARA UNIVERSITY ..... Petitioner Through Mr.Amitesh Kumar with Ms.Priti Kumari, Advocates.

versus UNIVERSITY GRANTS COMMISSION & ANR ..... Respondents Through Mr.Apoorv Kurup with Mr.Rohit Rathi, Advocates for UGC.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 25.04.2016 The present writ petition has been filed seeking a direction to the respondents to consider and process the application/proposal dated 20th March, 2015 of the petitioner-university for grant of approval to conduct various courses through Open and Distance Learning mode from the academic session 2016-2017.

Today, when the matter is called out, the counsel for the petitioner has handed over a copy of the letter dated 18th April, 2016 of UGC, whereby the UGC has returned the proposal of petitioneruniversity along with processing fees informing that university may apply afresh as and when UGC calls for proposal from new university after the notification of ODL Regulation.

Learned counsel for the petitioner states that as UGC vide notification dated 17th June, 2013 has adopted the DEC guidelines/regulations, the UGC should have considered the petitioner-university‟s proposal in accordance with the said guidelines/regulations.

On the other hand, learned counsel for the respondent-UGC, who appears on advance notice, states that the new ODL Regulations are in the process of being prepared and shall be notified by UGC shortly.

However, this Court is of the opinion that there can be no hiatus or vacuum on the ground that new ODL Regulations are yet to be notified. It is pertinent to mention that it has been three years since UGC was appointed as the Regulator for Distance Education. Consequently, the present writ petition is disposed of with a direction to the petitioner to re-submit its application for distance education programme within a period of one week. If the said application is re-filed within the stipulated period, the UGC is directed to dispose of the same within a period of three months in accordance with the extant guidelines/regulations prevailing at the time to consideration of the application.

With the aforesaid directions, the present writ petition and the applications are disposed of.

Order dasti.

MANMOHAN, J APRIL 25, 2016 KA