Bombay HC upholds UGC Regulations on distance learning [Read Judgement]

Mumbai: The Bombay High Court has delivered a significant order upholding the constitutional validity of the provisions of the UGC (Open and Distance Learning Programmes and Online Programmes) Regulations, 2020, while directing the UGC to consider the application of a skill university for offering distance learning programs.

A Division Bench comprising Justices B.P. Colabawalla and Somasekhar Sundaresan dismissed a writ petition challenging the constitutional validity of four provisions of the UGC Regulations. The court noted that the petitioners, Symbiosis Open Education Society and Symbiosis Skills and Professional University (SSPU), had challenged provisions requiring NAAC accreditation and prior offering of programs in conventional mode as prerequisites for distance learning courses.

The court observed that while the challenged regulations are constitutionally valid, the current NAAC accreditation process is inappropriate for skill universities. The court held, We find that it is an acknowledged position that the NAAC accreditation process is a misfit for an appropriate and reasonable accreditation of skill universities since it relies on a one-size-fits-all manual currently in vogue.

The court further observed that the petitioners had argued that the regulations violate their right to offer educational programs. However, the court found that the stipulations are not manifestly arbitrary or unreasonable and therefore not unconstitutional.

Expressing its view on balancing quality control and accessibility, the court stated, We have restricted ourselves to judicial review of whether the provision that is currently applicable is constitutionally valid. For purposes of determining the constitutional validity of the provision, this Court can only examine whether the impugned provisions as they stand, pass muster on the touchstone of reasonableness or whether they are manifestly arbitrary, warranting intervention from a constitutional court.

The court directed the UGC to process SSPUs application for offering distance learning programs without insisting on NAAC accreditation as a precondition, provided other eligibility criteria are met. It ordered the UGC to decide on SSPUs application within 12 weeks of receiving a complete application.

Additionally, the court noted ongoing efforts to develop appropriate accreditation parameters for skill universities. It directed SSPU to undergo accreditation once such parameters are finalized, stating, As and when the proposed accreditation manual for skill universities is developed, SSPU shall subject itself to a NAAC accreditation, and its entitlement to continue with the ODL programmes shall depend on the outcome of the accreditation.

In conclusion, while upholding the UGC Regulations, the court provided interim relief to SSPU and directed the UGC to consider its application for distance learning programs without insisting on NAAC accreditation at this stage.

[Read Judgement]