SC Issues Notice in UGC’s Plea Against Madras HCs Decision on Distance Learning Courses

The Supreme Court on Wednesday has issued notice in a plea filed by the University Grants Commission (UGC) challenging the Madras High Court’s ruling that exempted students who had graduated or enrolled from a regulation prohibiting inter-state distance learning courses. The Bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia has also sought a response from the Indira Gandhi National Open University (IGNOU) in this matter.

Notice has also been issued to private universities in Tamil Nadu, specifically to determine the courses pursued by graduates and enrolled students. However, the Court clarified that this notice is limited to obtaining information regarding the nature of the courses.

Solicitor General Tushar Mehta, representing the UGC, argued that technical subjects like engineering cannot be effectively taught through distance learning.

In its January ruling, the Madras High Court upheld the UGC regulation, which stipulated that state universities, whether private or government-funded, could only offer distance learning programs within their respective states’ territorial jurisdiction. However, the High Court clarified that students from outside the state could enroll in such programs as long as the universities’ activities did not extend beyond the state.

The High Court also stated that deemed universities could continue conducting online distance education programs if they complied with UGC Regulations and obtained the necessary recognition.

The UGC’s appeal before the Supreme Court is focused on paragraph 52 of the High Court judgment, which stated that the verdict would not affect students already enrolled or completed such programs, and their degrees would remain valid.