Holding

Study centres for distance education cannot be operated beyond the university’s statutory territorial jurisdiction, and UGC regulations cannot override the provisions of the Uttar Pradesh State Universities Act, 1973.

Summary

Kurmanchal Institute of Degree & Diploma (KIDDE), a study centre located in Nainital, was recognised by Mahatma Jyotiba Phule Rohilkhand University (MJPRU) to offer distance‑education diploma, certificate and degree courses. The university’s jurisdiction, as defined by Section 5 of the Uttar Pradesh State Universities Act, 1973, is limited to seven districts in Uttar Pradesh, which does not include Nainital (outside the state). The Chancellor of MJPRU issued an order cancelling the distance‑education programme and directing closure of the study centre, which was challenged by the institute in a writ petition. The Allahabad High Court dismissed the petition, and the institute appealed to the Supreme Court. The Supreme Court examined whether a university may operate study centres beyond its statutory territorial limits and whether UGC regulations could override the Act. It held that the Act’s territorial limitation is paramount and that study centres cannot be established outside the university’s jurisdiction; UGC regulations are subordinate legislation and cannot contravene the principal Act. Consequently, the appeal was dismissed.

Issues considered

Whether a university may open and operate distance‑education study centres outside the territorial jurisdiction prescribed by Section 5 of the Uttar Pradesh State Universities Act, 1973.
Whether UGC Regulations on distance education can override the territorial limitations imposed by the Act.
Whether the Chancellor’s order cancelling the distance‑education programme is legally valid and enforceable.

Legislation cited

Uttar Pradesh State Universities Act, 1973s. 4(1-A), s. 42, s. 5, s. 51, s. 52

Subjects

distance educationterritorial jurisdictionuniversity statutesstudy centreUGC regulationsmandamushigher educationUttar Pradesh State Universities Act

Judgment

"\
KURMANCHAL INSTITUTE OF DEGREE & DIPLOMA AND ORS. A
~
v.
CHANCELLOR, M.J.P. ROHILKHAND UNIVERSITY AND ORS.

MAY 17, 2007

(S.B. SINHA AND MARKANDEY KA TJU, JJ.] B

,J
Uttar Pradesh State Universities Act, 1973; Ss. 5, 42, 51 and 52:

A University started Degree and Diploma Courses under distance
education programme at an Institute/Study centre in a district beyond its c
territorial jurisdiction-Legality of-Held: In terms of provision uls. 5 of the
.I
Act, territorial jurisdiction of the University is confined only to seven districts,
Nainital district is not amongst them-Hence, it is beyond the territorial
jurisdiction of the University-Since Nainital district is not situate in the
State of UP., provisions of the Act not applicable. D
Appellant no. 1, Kurmanchal Institute of Degree and Diploma, is a study
centre at Nainital, Uttranchal. It is recognized by Mahatma Jyotiba Phule
Rohilkhand University and constituted in the year 1975 by issuance of a
Notification under Section 4(1-A) of the Uttar Pradesh Jtate Universities Act,
1973. Academic Council of the University granted permission to start E
'distance education'. The State Government granted approval to run the
diploma and certificate courses of the University through distance education
mode. Since the degree course was not included in the letter issued by the
State Government the Registrar of the University requested the State
Government to grant permission for starting distance programme under
distance education mode. The Chancellor disapproved the proposal for starting F
I
i a new course in distance education. A writ petition was filed questioning the
'- legality of the said order by the appellants. A Division Bench of the Allahabad
High Court dismissed the said writ petition. Hence, the present appeals.

Appellants-Institute and others contended that as they were not parties
G
in the earlier writ proceedings, the decision rendered therein was not binding
on them; that since they were not parties in the proceedings, they could not
have shown that all the necessary steps for making an ordinance had been
.. •
_J taken; and that having granted permission to start the courses pursuant

191 H
192 SUPREME COURT REPORTS [2007) 7 S.C.R.

A whereto and in furtherance whereof students having been admitted, it will ~ !:~
cause a great hardship to the students if they are forced to stop their studies.

Respondent submitted that such study centres cannot be legally
permitted to be opened beyond the territorial jurisdiction of the University;
-I
B
and that as use of such study centres has financial aspects, a previous approval
of the State was also required to be taken in terms of Section 52(3)(c) of the
..
Act; that in any event this Court should take a holistic view of the matter as
only 150 students have opted for distance education course in terms of the
order passed by the Chancellor and they are in the first semester only; that ...
there exists a distinction between a diploma course, on the one hand, and a
c degree course on the other and that; although no objection certificate (NOq
has been granted to certificate course, no such permission had been granted !--
for degree courses. i;
Dismissing the appeals, the Court
ffr
HELD: 1.1. Although for all intent and purport the requirements of law
D
for making an ordinance by the Executive Council of the University had been
done pursuant whereto new courses could be opened, however, the contention '-
that such study centers should be permitted to be operated beyond tlie
territorial jurisdiction of the University cannot be accepted. Section 5 of the
Uttar Pradesh University Act clearly states in regard to the territorial
E jurisdiction of the University. In terms of the Schedule appended to the Act,
the territorial jurisdiction of the University is confined only to seven districts,
Nainital not being one of them. [Para 17) [198-G, H; 199-A)
~--
I

1.2. It is one thing to say that the University takes recourse to the
correspondence courses for conferring degrees or diploma but it would be
F 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
'> ..
G 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. Nainital is outside the territorial jurisdiction
of the University. In fact it is not situated in the State of U.P. and, thus, beyond
~ ...__
the provisions of the Act. [Para 18) [199-C, DJ ....-
!

H 2.1. The UGC Regulations being a subordinate legislation must be read
KURMANCHAL INSTITUTE OF DEGREE ~ DIPLOMA v. CHANCELLOR, M.J.P. ROHILKHAND UNIVERSITY (S.B. SINHA. l.f 193
with the principal Act. The subordinate legislation will be ultra vires if it A
contravenes the provisions of the principal Act. [Para 19) [199-E)

Vasu Dev Singh & Ors. v. Union of India and Ors., (2006) 11 SCALE
108, relied on.

2.2. A statutory authority, it is well known, must act within the four- B
corners of the statute. A' fortiori it has to operate within the boundaries of
the territories within which it is to operate under the statute. Such territorial
.J
jurisdiction of the University must be maintained as otherwise a chaos would
be created. [Para 19) [199-F)

2.3. Though in certain situations the territorial jurisdiction in relation c
to a University may not be strictly enforced but in the said matter, this Court
was concerned with a totally different situation. [Para 20) [199-G; 200-A)

Sushanta Tagore and Ors. v. Union ofIndia and Ors., [2005) 3 SCC 16,
referred to.
D
2.4. The study centres of the appellants being situated in Nainital, is
j
beyond the territorial jurisdiction of the respondent university. No writ of or
in the nature of mandamus as has been prayed for in the writ petition can be
issued. [Para 22) [200-B)

CNU, APPELLATE JURISDICTION : Civil Appeal No. 2698of2007. E

From the Final Judgment and Order dated 20.12.2005 of the High Court
of Judicature at Allahabad in Civil Misc. Writ Petition No. 75902 of 2005.

WITH
F
:I C.A. No. 2699 of2007.
-.i Sunita Aggarwal, Malvika Trivedi, Malika Chaudhari, Shailendra Swarup
for the Appellants.

Ravi Prakash Mehrotra, Deepti R. Mehrotra, Garvesh Kabra, Amitesh G
Kumar, Gopal Singh, Shekhar Kumar for the Respondent.

The Judgment of the Court was delivered by
.>
S.B. SINHA, J. 1. Leave granted.
H
194 SUPREME COURT REPORTS [2907] 7 S.C.R.
I

A 2. Kurmanchal Institute of Degree and Diploma is a study centre. It is I

recognized by Mahatma Jyotiba Phule Rohilkhand University (for short "the
University"). It was constituted in the year 1975 by issuance ofa notification ~··

under Section 4(1-A) of the Uttar Pradesh State Universities Act, 1973 (for
short "the Act") The State, however, is yet to make the first ordinance for the
B University.

3. Section 5 of the Aet deals with territorial exercise of powers providing
that the powers conferred on each University shall be exercisable in respect
of the area for the time being specified against it in the Schedule.. The \.
University is to exercise its jurisdiction within the limits of districts Badaun,
C Bareilly, Bijnor, Jyotiba Phule Nagar, Moradabad, Pilibhit, Rampur and
Shahjahanpur in terms of Entry 7 of the Schedule appended to the Act

4. The Executive Council of the University was constituted in terms of
Section 51 of the Act. The power to make ordinance is contained in Section
51 of the Act, clauses (a), (b) and (h) of Section 51(2) whereof read as under: I

D '
"(2) Without prejudice to the generality of the provisions of sub-
section (1), the Ot'&'.inance shall provide for the following matters,
l
namely-

(a) the admission of students to the University and their enrolment
E and continuance as such;

(b) the courses of study to be laid down for all degrees, diplomas and
other academic distinctions of the University;
1--

••• ••• •••
F (h) all matters relating to correspondence courses and private
candidates;" \

5. Section 52 of the Act provides for the manner in which the ordinance
is to be made. Sections 52(2) and 52(2-A) of the Act read as under:

G "(2) The First Ordinances of the Universities ofKumailn and Garhwal
:-.
and of any other University to be established after the commencement
of this Act shall be made by the State Government by notification in
the Gazette,
r
(2-A) Until the First Ordinances of the Purvanchal University are made
H under sub-section (2), the Ordinances of the University ofGorakhpur,
KURMANCHAL INSTITUTE OF DEGREE .t DIPLOMA v. CHANCELLOR, M.J.P. ROHILKHAND UNIVERSITY (S.B. SINHA, J.J 195
as in force immediately before the establishment of the said University, A
• shall apply to it subject to such adaptations and modifications as the
State Government may, by notification, provide."

6. We may at this stage notice the facts of the case.

In its meeting on 1.07.2003, the Academic Council granted permission B
to start 'distance education'. By a letter dated 17.07.2003, the Vice-Chancellor
of the University sought permission to start courses through Distance
.J
Education. On 1.08.2003, the Registrar of the University sent a letter to the
Personal Secretary of the Chancellor enclosing therewith a copy of the draft
ordinance for launching Degree, Diploma and Certificate Courses through
distance education for obtaining his approval. The Ordinances governing c
Distance Education programme were framed in exercise of the power conferred
under Section 52 of the Act. The Registrar of the University by a letter dated
27.08.2003 sought permission from the Principal Secretary, Higher Education
•••t
to start the distance education programme. A letter dated 20.01.2004 was
issued from the Office of the Chancellor to the Principal Secretary, Higher D
Education, State of U.P. wherein it was stated:
J
"As per section 42(2) of the Uttar Pradesh State University Act there
is provision of notification of the first ordinance of the University by
the Government, but the first ordinance of Mahatma Jyotiba Phule
Rohilkhand University has not been notified by the Government till E
now.
.....
Therefore, in the circumstances mentioned above by sending the
photo copy (with annexures) of the ordinance of Mahatma Jyotiba
Phule Rohilkhand University on the above cited subject I am directed
to state that after examining, the said ordinance may be included in F
i the first ordinance of Mahatma Jyotiba Phule Rohilkhand University
and take necessary action."

7. On 24.02.2004, a letter was sent by the Joint Secretary, Higher Education
I, U.P.Government, to the Registrar of the University wherein approval to
include the ordinance of Distance education was granted. In reply thereto a G
letter dated 25.02.2004 was sent by the Registrar of the University with the
request that the ordinances as sent by the University may be included in the
..> First Ordinances as Chapter No. XXII which is to be framed by the State
Government. By a letter dated 19.03.2004, the State Government granted
approval to run the diploma and certificate courses of the University through
H
196 SUPREME COURT REPORTS [2007] 7 S.C.R.
~
.A distance education mode. Since the degree course was not included in the ....
letter issued by the State Government dated 05.04.2004, the Registrar of the
University requested the State Government to grant permission for starting
distance programme under distance education mode.

8. The Chancellor, as noticed hereinbefore, disapproved the proposal
B for starting a new course in distance education, by reason of the impugned
order dated 12.08.2005, opining:

"From the above analysis, it is clear that the distance education
1.
programme started by Mahatma Jyotiba Phule Rohilkhand University,
Bareilly is wholly irregular and irresponsible work, which is cancelled
c with immediate effect and the University is directed that all the activities
related to these programmes be closed immediately. It is required of
the University that the students who have got enrolled for these
programmes the correspondence courses be started in respect of
those students and the students who do not want to participate in the
D correspondence courses, their fee be refunded. In addition to this the
Vice Chancellor, Kulsachiva and Financial Controller and other .,
I

concerned officers and teachers of Mahatma Jyotiba Phule Rohilkhand ~

University, Bareilly are warned that such type of illegal programme l
should not be started by the University in future."
, r-
E 9. A writ petition was filed questioning the legality of the said order by
the appellants herein which was marked as Civil Misc. Writ Petition No. 75902 \
~
of 2005. A Division Bench of the Allahabad High Court by an order dated
20.12.2005 dismissed the said writ petition relying on a judgment and order F-
dated 25.07.2005 passed by another Divi;ion Bench of the said Court in Civil }--

Misc~ Writ Petition No. 4 7825 of 2005 titled Allahabad College ofEngineering t=
F and Management & Ors. v. His Excellency The Chancellor, MJ.P. Rohilkhadn
'r i-
& Ors. In the said judgment, the Division Bench inter a/ia opined that in
absence of the first ordinance issued by the State, the initiation of the ~
distance education programme was illegal. )

G 10. The Chancellor in his order dated 16.04.2005 noticed that various
universities established under the provisions of the Act had been conducting.
r
courses under the distance education programme without any ordinance
having been made in this regard and it was noticed by the Chancellor that j
many Universities have opened such s~dy centres where regular courses "-. •
had been going on. The Chancellor, therefore, issued a direction for stopping
·H such courses which were being run without following the procedure prescribed
KURMANCHAL INSTITUTE OF DEGREE & DIPLOMA v. CHANCELLOR, M.J.P. ROHILKHAND UNIVERSITY (S.B. SINHA. J.J 197

by law and the Universities were directed to furnish infonnation within a A
I
>~
week. The Chancellor by an order dated 13.06.2005 further directed that in
spite of specific directions contained in the order dated 16.04.2005 some of
the universities not only continued with the courses but others had even
issued fresh advertisements which according to the learned Chancellor was
a serious matter and as such a direction to the effect that the running of such
-·
B
courses should be immediately stopped and the study centres should also be
closed was issued. The Chancellor further noticed that such study centres
had been opened by various universities wherefor an extreme step was
.l
necessary to be taken.

11. The Division Bench of the High Court opined that in certain c
circumstances the Chancellor has the power to act suo motu and the
circumstances mentioned in his orders were exceptional ones writing invocation
thereof.

12. Ms. Sunita Aggarwal, learned counsel appearing on behalf of the
appellants, inter a/ia would submit that as the appellants were not parties in D
the earlier writ proceedings, the decision rendered therein was not binding on
-.,-. .
.}
them. Had the appellants been parties, it was urged, they could have shown
that all the necessary steps for making an ordinance had been taken. The
University, the learned counsel would contend, having granted pennission to
start the courses pursuant whereto and in furtherance whereof students E
having been admitted, it will cause a great hardship to the students if they
are forced to stop their studies and switch over to the distance education
programme.

13. Mr. Ravi Prakash Mehrotra, learned counsel appearing on behalf of
the respondents, on the other hand, submitted that such study centres cannot F
be legally pennitted to be opened beyond the territorial jurisdiction of the
-i•'
University. It was also submitted that as use of such study centres has
financial aspects, a previous approval of the State was also required to be
taken in tenns of Section 52(3)(c) of the Act.
G
14. The learned counsel would contend that in any event this Court
should take a holistic view of the matter as only 150 students have not opted
for distance education course in tenns of the order passed by the Chancellor
and they are in the first semester only. It was pointed out that there exists
..... a distinction between a diploma course, on the one hand, and a degree course
on the other. Although no objection certificate (NOC) has been granted to H
198 . SUPREME COURT REPORTS [2007] 7 S.C.R.

A certificate courses, no such permission had been granted for degree courses.

15. The University Grants Commission, which has been constituted in
terms of Entry 66, List I of the Seventh Schedule of the Constitution of India,
has framed regulations in the year 1985 relating to distance education, from
a perusal whereof it would appear that the study centres are such which are
B established for helping the students who are undergoing distance· education
course.

16. It appears that in order to satisfy itself as to whether the study -\-
centre of the appellants have sufficient infrastructure or not, this Court
C appointed a Committee. The Committee submitted its report wherein it was
inter alia stated:

"3) The Committee noted that KIDDE does not offer any academic
activity of its own and supporting either distance education
programmes of other universities or running training programmes for
D private institutions with help of guest or invited faculty on pay basis.

4) The Committee, based on the availability of academic facilities and
infrastructure, is of the opinion that KIDDE has basic amenities to
serve as a study centre for delivering distance education programmes.
The laboratory facilities, however, have to conform to curriculum
E requirements.

••• ••••••
(7) The Committee noted that the State Government had restricted
MJPRU distance education programmes only to certificates and
F diplomas without any specific mention on the jurisdiction to offer
these programmes, where as per the Act of the University, the
jurisdiction of the University is limited to 7 districts ofUttar Pradesh.
University by its own offered distance education programmes through
85 study centres of which 40 centres located out of the State. University
also offered Degree programmes through distance mode that too in
G
some disciplines not available in campus in formal stream."

17. Although we are inclined to agree with the learned counsel appearing
on behalf of the appellants that. for all intent and purport the requirements of
law for making an ordinance by the Executive Council of the University had
H been done pursuant whereto new courses could be opened, we are, however,
unable to persuade ourselves to accept the contention that such study
KURMANCHAL INSTITUTE 'or DEGREE .t DIPLOMA •. CHANCELLOR. M.J.P. ROHILKHAND UNIVERSITY is.a. SINHA. J.J 199

-_;...
centres should be pennitted to be operated beyond the territorial jurisdiction A
of the University. Section 5 of the Act clearly states in regard to the territorial
jurisdiction of the University. In tenns of the Schedule appended to the Act,
the territorial jurisdiction of the University is confined only to seven districtsj
Nainital not being one of them. Each University in the country which is
recognized under the University Grants Commission Act must have their own
territorial jurisdiction save and except for the Central Universities or specified B
In the Legislative or Parliamentary Act.
>--
I8. 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 for conferring degrees or diplomas
c
but it would be another thing to say that study centres would be pennitted ·
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, in our opinion, although named D
,.. ~
as a study centre, and despite the fact that the course of study and other
study materials are supplied by the University cannot be pennitted to be
established beyond the territorial jurisdiction of the University. Nainital is
outside the territorial jurisdiction of the University. In fact it is not situated
in the State of U.P. and, thus, beyond the provisions of the Act.
E
I9. The submission of the learned counsel that the UGC Regulations
I 985 provides for study centre of this nature cannot be countenanced. The
UGC Regulations being a subordinate legislation must be read with the
principal Act. The subordinate legislation will be ultra vires if it contravenes
the provisions of the principal Act. [See Vasu Dev Singh & Ors. v. Union of F
. ; •' India & Ors., (2006) I I SCALE I08) A statutory authority, it is well known,
must act within the four-comers of the statute. A'fortiori it has to operate
within the boundaries of the territories within which it is to operate under the
statute. Such territorial jurisdiction of the University must be maintained as
otherwise a chaos would be created. If dista.-ice education of such a nature
is to be encouraged, the only course would be to suitably amend the provisions G
of the Act

20. We are not oblivious that in certain situations the territorial jurisdiction
. .,., in relation to a University may not be strictly enforced as was done in the
case of Sushanta Tagore & Ors. v. Union of India and Ors., (2005) 3 SCC
H
200 SUPREME COURT REPORTS (2007) 7 S.C.R.

A 16 but in the said matter, this Court was concerned with a totally different
situation. ..;...-

21. We, thus, are of the opinion that in this case we need not go into
the other submissions raised by Ms. Aggarwal.

B 22. The study centres of the appellants being situated in Nainital, is
beyond the territorial jurisdiction of the respondent university. No writ of or
in the nature of mandamus as has been prayed for in the writ petition can be
issued.

23. For the reasons aforementioned, there is no merit in this appeal
C which is dismissed accordingly. No costs.
S.K.S. Appeal dismissed.

'-;.. '