Distance Education Course – Beyond Territorial Jurisdiction of University

In Kurmanchal Institute of Degree and Diploma v. MJP Rohilkhan University, (2007) 6 SCC 35, the Hon’ble Supreme Court held while construing the provisions of the UGC Act and the Uttar Pradesh State University Act, 1973 that each University in the country, though recognized by the UGC, must have its own territorial jurisdiction, save and except for Central Universities or those specified in legislative enactments. In that context, the Supreme Court observed as follows:

“The submission of the learned counsel that for the purpose of running a distance education course, extra territorial activities must be carried out may not be entirely correct. It is one thing to say that the University takes recourse to the correspondence courses conferring degrees or diplomas but it would be another thing to say that study centres would be permitted to operate which requires close supervision of the University. In a study centre, teachers are appointed, practical classes are held and all other amenities which are required to be provided for running a full-fledged institution or college are provided. Such an establishment although named as a study centre and despite the fact that the course of study and other study materials are supplied by the University cannot be permitted to be established beyond the territorial jurisdiction of the University”. Akhtar Ali Ansari v. State of U.P., (2016) 1 UPLBEC 669 (FB).

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