
Karnataka HC Rejects NLSIU's Challenge To UGC Regulation Which Restricts Territorial Jurisdiction Of Universities
Live LawThe Karnataka High Court has refused to quash a public notice and regulations issued by University Grants Commission by which it restricts the physical jurisdiction of National Law School of India University, in the matter of distance education to within the State of Karnataka. Submission of UGC: Advocate Showri HR appearing for UGC attention of this Court to the larger Bench decision of the Apex Court in the case of Prof. Yashpal and Another Vs. State of Chhattisgarh and Others, reported in 5 SCC 420, where it was held that establishment of a University conferring the legal status, but lacking in all the basic requirements, is clearly contrary to the constitutional scheme and is not contemplated by Article 246 of the Constitution. Further, the court said "Now that UGC has come up with the UGC Regulations, 2017, making provision to create a distinct category of Institutions of Eminence Deemed to be Universities, which would have the benefit of establishing Off-campus centres and Offshore campus, the petitioner University is free to make an application seeking declaration as 'Institutions of Eminence Deemed to be Universities'." It concluded by saying "As rightly submitted by the learned Counsel for UGC, any directions issued to the contrary, would place the petitioner University on a different pedestal, in contravention of the UGC Regulations, beyond the provisions of the UGC Act, 1956, under which the UGC is the only authority to determine standards of education."
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