Tag Archives: colleges

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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MBA and MCA Courses-Approval from AICTE not Required

In a recent judgment of the Hon’ble Supreme Court of India in Association of Management of Private Colleges v. All India Council For Technical Education and others, (2013) 8 SCC 271 it was held as under:
“As per the definition of “technical education” under Section 2(g) of the AICTE Act and non-production of any material by AICTE to show that MBA course is not a technical course within the definition of the AICTE Act and insofar as reasons assigned for MCA course being “technical education” are concerned, the same does not hold for MBA course. Therefore, for the reasons assigned while answering the points which are framed insofar as the MCA course is concerned, the approval from AICTE is not required for obtaining permission and running MBA course by the appellant Colleges.”
It was further held as under:
“The common impugned judgment and order passed in Sadakathullah Appa College v. All India Council for Technical Education, (2004) 1 CTC 1 is hereby set aside. The civil appeals are allowed. The relief sought for in the writ petitions is granted insofar as not to seek approval from AICTE for MBA and MCA courses.”

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Filed under Education Law, MBA and MCA Courses