Case Note & Summary
The petitioner, Symbiosis Open Education Society, through its Principal Director, challenged a letter dated 19 December 2024 issued by the University Grants Commission (UGC) rejecting its application for approval to offer Open Distance Learning (ODL) and Online (OL) programmes. The petitioner is a State Private University established under the Symbiosis Skill and Open University Act, 2017. It had previously filed Writ Petition No.7339 of 2023 challenging certain regulations of the UGC (Open and Distance Learning Programmes and Online Programmes) Regulations, 2020, which was disposed of on 28 June 2024. In that judgment, the court rejected the constitutional challenge but directed the UGC to consider the petitioner's case if it obtained a NIRF ranking that made NAAC accreditation unnecessary. The UGC appealed to the Supreme Court, which issued an interim stay on certain paragraphs of the High Court's order. Meanwhile, the petitioner achieved NIRF Rank-1 on 12 August 2024 and applied to the UGC for approval based on Regulation 3(A)(i) of the UGC Regulations, 2020, which allows institutions with a rank in top-100 in the University category of NIRF to be eligible. The Supreme Court, by order dated 9 December 2024, directed the UGC to consider the application expeditiously. However, the UGC rejected the application via the impugned communication, stating that the petitioner was not accredited by NAAC and not ranked in top-100 in University category by NIRF. The petitioner contended that it was not heard and the communication was unreasoned. The court held that the UGC failed to consider the petitioner's NIRF Rank-1 fairly and did not provide any opportunity of hearing or reasoned order. The court set aside the impugned communication and directed the UGC to reconsider the application afresh, after granting a hearing to the petitioner and passing a reasoned order within four weeks.
Headnote
A) Administrative Law - Natural Justice - Hearing Requirement - UGC ODL/OL Regulations, 2020 - Rejection of application without granting opportunity of hearing or providing reasoned order violates principles of natural justice - Held that even if the UGC does not act in a quasi-judicial capacity, fair consideration requires hearing and reasons (Paras 17-18). B) Education Law - Eligibility Criteria - NIRF Ranking - Regulation 3(A)(i) of UGC (Open and Distance Learning Programmes and Online Programmes) Regulations, 2020 - Petitioner achieved NIRF Rank-1 but UGC rejected application stating not ranked in top-100 in University category - Held that UGC must consider the specific rank achieved and provide reasons if it does not satisfy the criteria (Paras 17-18). C) Constitutional Law - Right to Fair Consideration - Article 14 - Arbitrary rejection of application without proper application of mind - Held that the impugned communication was unreasoned and did not reflect fair consideration of the petitioner's case (Paras 18-19).
Issue of Consideration
Whether the UGC's rejection of the petitioner's application for approval to offer ODL and OL programmes, based on the petitioner's NIRF Rank-1, was valid and in compliance with principles of natural justice and fair consideration.
Final Decision
The impugned communication dated 19 December 2024 is set aside. The UGC is directed to reconsider the petitioner's application for approval afresh, after granting an opportunity of hearing to the petitioner and passing a reasoned order within four weeks from the date of the order.
Law Points
- Principles of natural justice
- reasoned order
- fair consideration of application
- eligibility under UGC ODL/OL Regulations 2020 Regulation 3(A)(i)
- NIRF ranking as alternative to NAAC accreditation
